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y 

PRACTICE 


IN  THE 


MUNICIPAL  COURT 


OF    CHICAGO 


BY 


HIRAM    T.    GILBERT 

Author  of  the  Municipal  Court  Act 

AND    MEMBKE    of    the     CHICAGO     BAR 


CHICAGO 

CALLAGHAN  AND  COMPANY 

1906 


COPYBIGHT,   1906 
BY 

CALLAGHAN  &  COMPANY 


PREFACE 


This  book  is  designed  merely  as  a  guide  to  those  who  are 

already  familiar  with  the  practice  in  the  circuit,  superior  and 

criminal  courts.     It  has  seemed  to  the  author  that  those  who 

understand  the  practice  in  those  courts  would  be  best  aided 

by  having  pointed  out  to  them  the  particulars  wherein  the  prac- 

j   tice  in  the  municipal  court  will  differ  from  that  in  the  other 

•^   courts  referred  to.     Accordingly  the  author  has  adopted  the 

^  plan  of  first  enumerating  the  differences  between  the  practice 

Y  in  the  municipal  court  and  that  in  the  other  courts  in  each  class 

O"  of  cases,   and  then  rewriting  the  provisions  of  the  Revised 

K^tatutes  regulating  the  practice  in  each  class  of  cases,  so  as  to 

'     make  them  read  as  they  are  amended  by  the  Municipal  Court 

Act. 

Thus  Chapter  I  of  Part  II,  after  describing  the  cases  in- 

-  eluded  within  those  of  the  first  class,  enumerates  twenty-eight 

^particulars  in  which  the  practice  in  the  municipal  court  in 

peases  of  that  class  differs  from  the  practice  in  the  circuit  court 

-v'in  similar  cases.     Chapter  II  of  Part  II  does  the  same  with 

respect  to  civil  cases  of  the  second  class,  and  Chapter  III  of 

Part  II  does  the  same  with  respect  to  civil  cases  of  the  fourth 

and  fifth  classes.     Thereupon  Chapter  IV  of  Part  II  sets  forth 

the  entire  Practice  Act,  (Kurd's  R  S.  of  1905,  Chapter  110, 

pp.  1530-1544),  as  amended  by  the  Municipal  Court  Act,  with 

^Preferences  below  each  section  to  the  sections  of  the  latter  which 
^  iii 


IV  PREFACE. 

make  the  changes  or  amendments.  The  same  method  is  fol- 
lowed in  Attachment  Cases  (Part  II,  Chapter  V),  Attachment 
of  Water  Craft  Cases  (Part  II,  Chapter  VI),  Replevin  Cases 
(Part  II,  Chapter  VII),  Cases  of  Distress  for  Rent  (Part  II, 
Chapter  VIII),  Forcible  Detainer  Cases  (Part  II,  Chapter 
IX),  and  Garnishment  Proceedings  (Part  II,  Chapter  X). 
Bj  consulting  both  the  enumeration  of  differences  and  the  re- 
written practice  provisions  of  the  Revised  Statutes,  no  lavryer 
should  experience  any  difficulty  in  ascertaining  what  the  prac- 
tice will  be  in.  the  municipal  court,  so  far  as  it  is  regulated  by 
statutory  provisions. 

In  addition  tx>  the  foregoing  and  as  a  further  aid  to  the  prac- 
titioner. Bills  of  Particulars,  Examination  of  Adverse  Parties 
and  Oral  Evidence  on  Motions,  Changes  of  Venue,  Trial  by 
Jury,  and  Instructing  the  Jury,  are  made  the  subjects  of  Chap- 
ters XI,  XII,  XIII,  XIV  and  XV  of  Part  II,  and  Appellate 
Procedure  is  especially  treated  in  Part  III. 

The  Introduction,  (Part  I),  contains  the  Municipal  Court 
Act,  its  history,  and  a  discussion  of  various  constitutional  ques- 
tions pertaining  to  its  jurisdictional  and  practice  provisions. 
The  argument  is  designed  to  aid  in  the  presentation  of  those 
questions  to  the  supreme  court  as  they  may  be  raised  from 
time  to  time.  Not  only  was  the  passage  of  the  Municipal  Court 
Act  strongly  opposed  by  many  members  of  the  bar,  but  its  con- 
stitutionality as  a  whole  was  disputed  by  them,  and  no  doubt 
single  provisions  will  be  the  subject  of  future  attacks.  To 
leave  these  questions  to  be  determined  by  the  aid  of  only  such 
arguments  as  might  be  presented  to  the  supreme  court  in  cases 
arising  from  time  to  time  has  not  been  deemed  expedient. 

By  far  the  most  important  portion  of  the  jurisdiction  of  the 


PREFACE.  V 

court  is  that  which  pertains  to  criminal  and  quasi  criminal 
(cases.  In  Chapter  II,  Part  IV,  references  are  given  to  all  statu- 
tory provisions  in  force  pertaining  to  criminal  offences  punish- 
able by  fine  or  imprisonment  otherwise  than  in  the  peniten- 
tiary, and  in  Chapter  II,  Part  V,  the  same  is  done  with  respect 
to  all  offences  punishable  under  the  municipal  ordinances  of 
the  city  of  Chicago.  Accompanying  these  references  is  a 
considerable  number  of  forms  of  informations  and  complaints. 
It  was  the  author's  intention  to  prepare  a  suitable  form 
of  complaint  or  information  for  every  kind  of  criminal  mis- 
demeanor and  a  suitable  form  of  complaint  for  every  offence 
under  the  codes  of  the  municipal  corporations  situated  wholly 
or  in  part  within  the  limits  of  the  city  of  -  Chicago,  but  this 
was  found  to  be  impossible  for  lack  of  time.  This  work  will 
be  left  to  be  performed  by  or  under  the  direction  of  whoever 
may  be  elected  to  the  office  of  chief  justice. 

In  Part  VI  the  author  has  taken  the  liberty  of  expressing 
his  individual  views  respecting  matters  pertaining  to  the  busi- 
ness management  of  the  court.  Business  management  is  an 
entirely  new  feature  in  the  administration  of  justice  in  Chicago 
and  unquestionably  it  is  a  most  important  feature.  It  deserves 
careful  consideration. 

In  the  Appendix,  and  as  a  part  of  the  history  of  the  Munici- 
pal Court  Act,  the  author  has  inserted,  first,  the  original  bill 
introduced,  second,  the  original  bill  as  amended  and  passed 
by  the  House  of  Representatives,  third,  the  bill  prepared  by 
a  committee  of  seventy-two  Chicago  lawyers  and  judges  for  the 
purpose  of  defeating  the  passage  of  the  original  bill  and,  fourth, 
the  bill  as  amended  and  passed  by  the  Senate.  Finally,  the 
author  has  prepared  and  inserted  in  the  Appendix  a  revised 


yi  PREFACE. 

and  amended  Municipal  Court  Act,  embodying  some  of  the 
changes  in  the  act  which,  in  the  opinion  of  the  author,  should 
be  effected  to  make  the  municipal  court  what  it  should  be.  Just 
as  the  first  working  model  of  any  newly  invented  machine  is 
likely  to  have  defects  and  be  capable  of  repeated  improvements, 
so  the  Municipal  Court  Act  will,  when  put  into  practical  opera- 
tion, be  found  to  be,  in  some  particulars  defective,  and  in  need 
of  improvement.  To  suggest  needed  amendments,  from  time  to 
time,  will  be  the  duty  of  those  who  may  be  selected  to  conduct 
the  business  of  the  court.  If  they  shall  properly  perform  that 
duty,  the  municipar  court  will  become  an  instrument  of  great 
good  to  the  people  of  Chicago. 

Doubtless  many  errors  will  be  found  in  the  author's  work, 
and  many  omissions  of  important  matters  may  occur  to  mem- 
bers of  the  bar,  but  nevertheless  the  author  sincerely  hopes  his 
work  may  be  of  some  use  to  the  judges  and  officers  of  the  court 

and  to  the  profession. 

Hiram  T.  Gilbert. 
Chicago,  October  20,  1906. 


TABLE  OF  CONTENTS. 

PART  I.     INTRODUCTION. 

CHAPTER  I. 

The  Municipal  Couet  Act 1-40 

CHAPTER  II. 

HiSTOKY     OF     THE     FkAMING     AND     PaSSAGE     OF     THE 

Municipal   Coukt  Act 41-44 

CHAPTER  III. 
Constitutional  Questions  in  General 45-49 

CHAPTER  lY. 

Constitutionality  of  Jueisdictional  Provisions.  .      50-62 

CHAPTER  V. 
Constitutionality  of  Practice   Provisions 63-85 

PART  II.     THE  PRACTICE  IN  CIVIL  CASES. 

CHAPTER  I. 
Cases  of  the  First  Class 86-93 

CHAPTER  11. 
Civil  Cases  of  the  Second  Class 94-98 

CHAPTER  III. 

Civil  Cases  of  the  Fourth  and  Fifth  Classes  in 

General   99-108 

vii 


VIU  TABLE   OF    CONTENTS. 

CHAPTEH  IV. 

The  General  Pr^vctice  Act  as  Modified  by  the 

Municipal  Court  Act 109-145 

CHAPTER  V. 
Attachment   Cases 146-lGO 

CHAPTER  VI. 
Attachment  of  Water  Craft  Cases 161-169 

CHAPTER  VII. 
Replevin   Cases 170-176 

CHAPTER  VIII. 
Distress  for  Rent 177-181 

CHAPTER  IX. 
Forcible  Detainer  Cases 182-187 

CHAPTER  X. 
Garnishment  Proceedings 188-197 

CHAPTER  XL 
Bills  of  Particulars 198-215 

CHAPTER  XII. 

Examination  of  Adverse  Parties  and  Oral  Evi- 
dence ON  Motions 216-218 

CHAPTER  XIII. 
Changes  of  Venue 219-220 

CHAPTER  XIV. 
Trlil  by  Jury 221-223 


TABLE   OF    CONTENTS.  IX 

CHAPTER  XV. 
Instructing  the  Jury 224-235 

PART  III.     APPELLATE   PROCEDURE. 

CHAPTER  I. 

Appellate  Procedure  in  Cases  of  the  First,  Sec- 
ond AND  Third  Classes 236-240 

CHAPTER  XL 

Appellate  Procedure  in  Cases  of  the  Fourth  and 

Fifth  Classes 241 

PART   IV.     THE   PRACTICE  IN   CRIMINAL 

CASES. 

CHAPTER  I. 
The  Practice  in  Criminal  Cases  in  General 244-249 

CHAPTER  11. 

Statutory  Misdemeanors  and  Forms  of  Informa- 
tions AND  Complaints 250-418 

CHAPTER  III. 
Proceedings  to  Prevent  Commission  of  Crimes.  .  .419-421 

CHAPTER  IV. 

Arrest,   Examination,   Commitment  and  Bail   of 

Persons  Charged  with  Criminal  Offences.  .  .422-427 

CHAPTER  V. 

Proceedings  Pertaining  to  Search  Warrants.  . .  .428-430 


X  TABLE  OF   CONTENTS. 

PART    V.      THE   PRACTICE    IN    QUASI 
CRIMINAL   CASES. 

CHAPTER  I. 

The  Practice  in  Quasi  Criminal  Cases  in  Gen- 
eral   431-435 

CHAPTER  IT. 

Penal  Provisions  of  City  of  Chicago  Municipal 

Ordinances  with  Forms  of  Complaint 436-520 

CHAPTER  III. 

Penal  Provisions  of  Municipal  Corporations 
Other  Than  the  City  of  Chicago  Situated  in 
Whole  or  in  Part  Within  the  Limits  of  the 
City 521 

PART  VI.     ADMINISTRATION. 

CHAPTER  I. 
Administration  in  Other  Courts 522-526 

CHAPTER  II. 
The  Chief  Justice 527-532 

CHAPTER  III. 
The  Associate  Judges 533-538 

CHAPTER  IV. 
The   Clerk 539-543 

CHAPTER  V. 
The   Bailiff 544-545 

CHAPTER  VI. 
A  Bureau  of  Justice 546-549 


TABLE   OF    CONTENTS.  Xi 

APPENDIX. 

Senate  Bill  JSTo.  45  and  House  Bill  jSTo.  98 550-586 

House  Bill  No.  422 587-625 

House  Bill  No.  281 626-644 

House  Bill  No.  422  as  Amended  and  Passed  by  the 

Senate    645-652 

Suggestions  as  to  Amendments  to  the  Municipal 

Court  Act 653-713 


PRACTICE  IN  THE  MUNICIPAL  COURT. 


PART  I.     INTRODUCTION. 


CHAPTER  I. 
THE  MUNICIPAL  COURT  ACT. 

an  act  in  relation  to  a  municipal  court  in  the  city  op 
Chicago.     Approved  May  18,  1905.     Consented  to  by  the 

LEGAL    voters    OP    THE    CITY    OF    ClHCAGO    NOVEMBER    7,    1905. 

Section.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois represented  in  the  General  Assembly:  That  there  shall 
b^Qstablishedin.and  for  the  pit\\o£  Chicago  a  mmiieipal  court 
wSibh>smuT  be  styled  The  INliinjpipal  Coim  of  Chicago, ' '  here- 
inafter designated  and  referred  to  as  the  municipal  court,  and 
the  jurisdiction  of  which  shall  be  exercised  in  the  manner  here- 
inafter prescribed  by  branch  courts,  each  of  which  shall  exercise 
all  the  powers  in  this  act  declared  to  be  vested  in  the  municipal 
court. 

Section  2.  That  said  municipal  court  shall  have  jurisdic- 
tion within  the  city  of  Chicago,  in  the  following  cases: 

First.  All  actions  on  contracts,  express  or  implied,  when 
the  amount  claimed  by  the  plaintiff  exceeds  one  thousand  dol- 
lars ($1,000),  and  all  actions  for  the  recovery  of  personal 
property  or  for  the  recovery  of  damages  for  the  conversion  of 
and  (or)  injury  to  personal  property,  when  the  value  of  the 
•property  or  the  amount  of  damages  sought  to  be  recovered,  as 
claimed  by  the  plaintiff,  exceeds  one  thousand  dollars  ($1,000), 
and  which,. for  convenience,  will  be  hereinafter  referred  to  and 
designated  as  cases  of  the  first  class. 

Second.  All  suits  of  every  kind  and  nature,  whether  civil 
or  criminal,  or  whether  at  law  or  in  equity,  which  may  be 
transferred  to  it  by  change  of  venue,  or  otherwise,  by  the  circuit 

1 


1  PRACTICE    IN    THE    MUNICIPAL    COURT. 

court  of  Cook  county,  or  by  the  superior  court  of  Cook  county, 
or  by  the  criminal  court  of  Cook  county,  for  trial  and  disposi- 
tion, and  which,  for  convenience,  v;ill  be  hereinafter  designated 
and  referred  to  as  cases  of  the  second  class. 

Third.  All  criminal  cases  in  which  the  punishment  is  by 
fine  or  imprisonment  otherwise  than  in  the  penitentiary,  and 
M'hich,  for  convenience,  will  be  hereinafter  designated  and  re- 
ferred to  as  eases  of  the  third  class. 

FouHli.  All  those  classes  of  suits  and  proceedings,  whether 
civil  or  quasi  criminal,  of  M'hich  justices  of  the  peace  are  now 
given  jurisdiction  by  law,  in  all  of  which  classes  of  suits  and 
proceedings  said  municipal  court  shall  have  jurisdiction  w'hen 
the  amount  sought  to  be  recovered,  whether  by  way  of  damages, 
penalty,  or  otherwise,  if  the  suit  or  proceeding  be  for  the  recov- 
ery of  money  only,  or  the  value  of  the  personal  property 
claimed,  if  the  suit  or  proceeding  be  brought  for  the  recovery 
of  personal  property,  does  not  exceed  one  thousand  dollars 
($1,000)  ;  provided,  hoivever,  that  in  any  action  upon  a  bond, 
the  amount  sought  to  be  recovered  thereon  and  not  the  penalty 
of  the  bond  shall  determine  the  jurisdiction,  and  that  when 
payments  are  to  be  made  by  installments,  an  action  may  be 
brought  in  the  municipal  court  for  any  installment  not  exceed- 
ing one  thousand  dollars  ($1,000)  as  it  becomes  due,  and  which, 
for  convenience,  will  be  hereinafter  designated  and  referred  to 
as  cases  of  the  fourth  class. 

Fifth.  All  other  suits  at  law,  for  the  recovery  of  money 
only,  when  the  amount  claimed  does  not  exceed  one  thoiisand 
dollars  ($1,000),  and  wliich,  for  convenience,  will  be  hereinafter 
designated  and  referred  to  as  cases  of  the  fifth  class. 

Section  3.  That  in  all  cavses  of  the  first  class  and  in  all  cases 
of  the  second  class  the  issues  shall  be  made  up  in  said  court 
by  the  same  forms  of  pleadings,  as  near  as  may  be,  in  use  in 
similar  cases  in  the  circuit  courts;  that  all  eases  of  the  third 
class  shall  be  prosecuted  by  complaint  or  by  information  in 
accordance  with  such  rules  as  may  be  hereinafter  prescribed 
or  provided  for,  or  in  cases  not  herein  otherwise  provided  for, 
by  such  rules  of  practice  as  may  be  prescribed  by  law  for  simi- 
lar cases  in  the  criminal  court  of  Cook  county  or  before  jus- 
tices of  the  peace ;  and  that  in  all  cases  of  the  fourth  class  and 


THE   MUNICIPAL   COURT  ACT.  O 

in  all  cases  of  the  fifth  class  the  issues  shall  be  determined 
without  other  forms  of  written  pleadings  than  those  hereinafter 
expressly  prescribed  or  provided  for. 

Section  4.  That  said  court  shall  be  held  in  districts,  which, 
until  otherwise  provided,  shall  be  five  in  number  and  their  ter- 
ritorial limits  shall  be  as  follows: 

Of  the  First  District  the  territorial  limits  shall  be  the  terri- 
tory bounded  on  the  east  by  Lake  Michigan,  on  the  north  by 
the  city  limits,  on  the  west  by  the  center  line  of  Western  avenue 
from  the  city  limits  on  the  north  to  the  center  line  of  Fifty- 
fifth  street,  thence  on  the  south  by  the  center  line  of  Fifty- 
fifth  street  to  the  center  line  of  State  street,  thence  on  the 
west  by  the  center  line  of  State  street  to  the  center  line  of 
Sixty-third  street,  thence  on  the  south  by  the  center  line  of 
Sixty-third  street  to  the  center  line  of  Cottage  Grove  avenue, 
thence  on  the  west  by  the  center  line  of  Cottage  Grove  avenue 
to  the  center  line  of  Seventy-first  street,  and  thence  on  the 
south  by  the  center  line  of  Seventy-first  street  to  Lake  Michi- 
gan, and  such  territory  shall  be  known  as  the  First  District. 

Of  the  Second  District  the  territorial  limits  shall  be  the 
territory  bounded  on  the  south  by  the  city  limits,  on  the  east 
by  the  city  limits  and  Lake  Michigan,  on  the  north  by  the  cen- 
ter line  of  Seventy-first  street,  and  on  the  west  by  the  center 
line  of  Cottage  Grove  avenue,  and  such  territory  shall  be  known 
as  the  Second  District. 

Of  the  Third  District  the  territorial  limits  shall  be  the  terri- 
tory bounded  on  the  west  and  south  by  the  city  limits,  on  the 
east  by  the  center  line  of  Cottage  Grove  avenue  from  the  city 
limits  on  the  south  to  the  center  line  of  Sixty-third  street,  thence 
on  the  north  by  the  center  line  of  Sixty-third  street  to  the 
center  line  of  State  street,  thence  on  the  east  by  the  center 
line  of  State  street  to  the  center  line  of  Fifty-fifth  street,  thence 
on  the  north  by  the  center  line  of  Fifty-fifth  street  to  the  city 
limits  on  the  west,  and  such  territory  shall  be  known  as  the 
Third  District. 

Of  the  Fourth  District  the  territorial  limits  shall  be  the  terri- 
tory bounded  on  the  south  by  the  center  line  of  Fifty-fifth 
street,  on  the  east  by  the  center  line  of  "Western  avenue,  on  the 
north  by  the  center  line  of  Lake  street  and  on  the  west  by  the 


4  PRACTICE    IX    THE    MUNICIPAI,    COURT. 

city  limits,  and  sueh  territory  shall  be  known  as  the  Fourth 
District. 

Of  the  Fifth  District  the  territorial  limits  shall  be  the  terri- 
tory bounded  on  the  south  by  the  center  line  of  Lake  street,  on 
the  east  b}-^  the  center  line  of  Western  avenue,  and  on  the 
north  and  west  by  the  city  limits,  and  such  territory  shall  be 
known  as  the  Fifth  District. 

The  number  and  boundaries  of  the  districts  may  be  changed, 
from  time  to  time,  by  orders  signed  by  a  majority  of  the  judges 
of  the  municipal  court,  and  spread  upon  the  records  thereof, 
which  orders  shall  be  published  for  three  successive  weeks,  once 
in  each  week,  in  some  newspaper  of  general  circulation  in  the 
city  of  Chicago,  and  which  shall  take  effect  respectively  within 
thirty  days  after  the  last  publication  thereof;  provided,  haiv- 
eiier,  no  such  change  in  the  number  or  boundaries  of  districts 
shall  become  effective  unless  the  order  therefor  shall  have  been 
approved  by  the  city  council  of  the  city  of  Chicago.  As  many 
branch  courts  shall  be  held  in  each  district  as  may  be  deter- 
mined by  the  chief  justice  of  said  municipal  court  to  be  neces- 
sary for  the  prompt  and  proper  disposition  of  the  business  of 
said  court;  Provided,  however,  that  at  least  one  branch  court 
shall  be  held  in  each  district.  Such  branch  courts  may  be  given 
such  designation  by  numbers  oj-  otherwise  as  may  be  deter- 
mined by  the  chief  justice. 

Section  5.  That  said  branch  courts  shall  be  held  at  such 
places  in  said  city  of  Chicago  as  may  be  provided  for  that 
purpose  by  the  corporate  authorities  thereof.  If  no  place  be 
provided  by  the  corporate  authorities  of  said  city  for  the  hold- 
ing of  any  branch  court,  or  if  the  place  so  provided  become 
unfit,  said  branch  court  may,  by  an  order  signed  by  the  major- 
ity of  the  judges  of  said  municipal  court,  and  entered  upon 
the  records  of  said  branch  court,  adjourn  to  or  convene  at  a 
suitable  place  for  holding  said  branch  court,  procured  for  that 
purpose  by  said  judges,  within  the  district  in  which  the  same 
is  located  and  at  such  place  may  hold  said  branch  court,  until 
a  suitable  place  therefor  be  furnished  by  said  corporate  authori- 
ties. 

Section  G.  That  said  court  shall  have  seals  for  each  district 
and  may,  from  time  to  time,  as  may  be  necessary,  renew  the 


THE  MUNICIPAL   COUKT  ACT.  O 

same.     The  expense  of  said  seals  and  renewini^  the  same  shall 
be  paid  by  the  city  of  Chicago. 

Section  7.  That  all  blanks,  books,  papei*s,  stationery  and 
furniture  necessary  to  the  keeping  of  the  records  of  the  pro- 
ceedings of  such  municipal  court,  and  the  transaction  of  the 
business  thereof,  shall  be  furnished  the  officers  of  such  court  at 
the  expense  of  the  city.  All  other  expenditures  on  account 
of  such  court  which  may  be  authorized  by  the  city  council,  and 
which  are  not  specifically  mentioned  in  this  act,  shall  be  paid 
out  of  the  city  treasury. 

Section  8.  That  said  municipal  court  shall  consist  of  twenty- 
eight  (28)  judges,  one  of  whom  shall  be  chief  justice  and  the 
remaining  twenty-seven  (27)  of  whom  shall  be  associate  judges. 
Each  branch  court  shall  be  presided  over  by  a  single  judge 
of  the  municipal  court.  The  chief  justice,  in  addition  to  the 
exercise  of  all  the  other  powers  of  a  judge  of  said  court,  shall 
have  the  general  superintendence  of  the  business  of  said  court; 
he  shall  preside  at  all  meetings  of  the  judges,  and  he  shall  as- 
sign the  associate  judges  to  duty  in  the  branch  courts,  from 
j  time  to  time,  as  he  may  deem  necessary  for  the  prompt  disposi- 
tion of  the  business  thereof,  and  it  shall  be  the  duty  of  each 
associate  judge  to  attend  and  serve  at  any  branch  court  to  which 
he  may  be  so  assigned,  but  the  chief  justice  shall  only  assign 
such  number  of  judges  to  the  trial  and  disposition  of  cases  of 
the  first  class  and  cases  of  the  second  class  mentioned  in  section 
two  (2)  of  this  act,  from  time  to  time,  as  may  not  be  needed 
for  the  prompt  disposition  of  the  other  business  of  the  court. 
The  chief  justice  shall  also  superintend  the  preparation  of  the 
calendars  of  cases  for  trial  in  said  court  and  shall  make  such 
classification  and  distribution  of  the  same  upon  different  cal- 
endars as  he  shall  deem  proper  and  expedient.  Each  associate 
judge  shall  at  the  commencement  of  each  month  make  to  the 
chief  justice,  under  his  official  oath,  a  report  in  writing  of  the 
duties  performed  by  him  during  the  preceding  month,  which 
report  shall  specify  the  number  of  days'  attendance  in  court  of 
such  judge  during  such  month,  and  the  branch  courts  upon 
which  he  has  attended,  and  the  number  of  hours  per  day  of  such 
attendance,  for  which  the  chief  justice  shall  cause  suitable  blanks 


6  PRACTICE    IN    THE    MUNICIPAL    COURT. 

to  ])o.  prepared  and  furnished  to  the  associate  judges.  Each  judge 
shall  be  entitled  to  vacations,  which  shall  not  exceed  thirty- 
six  days  in  all  in  any  one  year  and  which  shall  be  taken  at  such 
times  as  may  be  determined  by  the  chief  justice.  The  chief 
justice  must  give  his  attention  faithfully  to  the  discharge  of 
the  duties  especially  pertaining  to  his  office  and  to  the  per- 
formance of  such  additional  judicial  work  as  he  may  be  able 
to  perform.  Each  associate  judge  must  perform  his  share  of 
the  labors  and  duties  appertaining  to  the  office.  At  least  one 
associate  judge  must  be  in  attendance  in  one  branch  court  in 
each  district,  six  hours  of  each  day,  except  Sunday,  a  public 
holiday,  or  a  day  upon  which  the  inhabitants  of  the  city  of 
Chicago  generally  refrain  from  business,  and  each  associate 
judge,  while  in  the  court  room  or  in  chambers,  and  not  actually 
engaged  in  the  performance  of  other  official  duties,  must  act 
upon  any  application  for  his  official  action,  properly  made  to 
him.  One  branch  court  in  the  first  district  shall  be  kept  open, 
and  at  least  one  judge  assigned  for  that  purpose  by  the  chief 
justice,  shall  be  in  attendance  thereat,  each  day,  excepting  Sun- 
day or  a  public  holiday,  from  nine  o'clock  a,  m.  to  ten  o'clock 
p.  M.,  excepting  two  hours'  intermission,  for  the  transaction  of 
such  business  as  may  come  before  it.  It  shall  be  the  duty  of  the 
chief  justice  and  the  associate  judges  to  meet  together  at  least 
once  in  each  month,  excepting  the  month  of  August,  in  each 
year,  at  such  hour  and  place  as  may  be  designated  by  the  chief 
justice,  and  at  such  other  times  as  may  be  required  by  the  chief 
justice,  for  the  consideration  of  such  matters  pertaining  to  the 
administration  of  justice  in  said  court  as  may  be  brought  before 
them.  At  such  meetings  they  shall  receive  and  investigate,  or 
cause  to  be  investigated,  all  complaints  presented  to  them  per- 
taining to  the  said  court,  and  to  the  officers  thereof,  and  shall 
take  such  steps  as  they  may  deem  necessary  or  proper  with 
respect  thereto,  and  they  shall  have  poAver  and  it  shall  be  their 
duty  to  adopt  or  cause  to  be  adopted  all  such  rules  and  regula- 
tions for  the  proper  administration  of  justice  in  said  court  as  to 
them  may  seem  expedient.  The  salary  of  the  chief  justice  shall 
be  seven  thousand  five  hundred  dollars  ($7,500)  per  annum, 
and  the  salary  of  an  associate  judge  shall  be  six  thousand  dollars 
($6,000)  per  annum,  payable  in  monthly  installments  out  of  the 
city  treasury. 


THE  MUNICIP.VL   COURT  ACT.  < 

Section  9.  That  the  chief  justice  and  the  associate  judges 
of  the  municipal  court  provided  for  in  the  preceding-  section 
shall  be  elected  on  the  first  Tuesday  after  the  first  Monday  of 
November,  A.  D.  1906 ;  that  the  chief  justice  shall  hold  his  ofiQce 
for  the  terra  cf  six  (6)  years  and  until  his  successor  shall  be 
elected  and  qualified;  that  of  the  said  associate  judges  so  to  be 
elected  nine  (9)  shall  be  elected  for  the  term  of  two  (2)  years; 
nine  (9)  for  the  term  of  four  (4)  years,  and  nine  (9)  for  the 
term  of  six  (6)  years  and  until  their  respective  successors  shall 
be  elected  and  qualified,  and  on  the  first  Tuesday  after  the  first 
Monday  of  November,  A.  D.  1908,  and  on  the  first  Tuesday 
after  the  first  Monday  of  November,  every  sixth  year  thereafter, 
and  on  the  first  Tuesday  after  the  first  Monday  of  November, 
A.  D.  1910,  and  on  the  first  Tuesday  after  the  first  Monday 
of  November  every  sixth  year  thereafter  there  shall  be  elected 
nine  (9)  associate  judges  of  said  municipal  court  and  on  the 
first  Tuesday  after  the  first  Monday  of  November,  A.  D.  1912, 
and  every  sixth  year  thereafter  there  shall  be  elected  a  chief 
justice  and  nine  (9)  associate  judges  of  said  municipal  court  as 
successors  in  ofiBce  of  the  chief  justice  and  associate  judges  of 
the  municipal  court  by  this  act  required  to  be  elected,  each  of 
whom  shall  hold  his  office  for  the  term  of  six  (6)  years  and 
until  his  successor  shall  be  elected  and  qualified.  The  judges 
so  required  to  be  elected  shall  enter  upon  the  discharge  of  their 
duties  on  the  first  Monday  of  December  following  their  election. 
Vacancies  in  the  office  of  chief  justice  or  associate  judge  of  the 
municipal  court  shall  be  filled  by  election  at  the  regular  muni- 
cipal, judicial  or  other  general  election  which  shall  occur  next 
after  a  period  of  thirty  (30)  days  from  the  time  such  vacancies 
respectively  occur,  but  where  the  unexpired  term  does  not  exceed 
one  year,  the  vacancy  shall  be  filled  by  appointment  by  the  Gov- 
ernor. Whenever  a  vacancy  occurs  in  the  office  of  chief  justice, 
or  whenever  the  chief  justice  shall  be  absent  from  the  city  of 
Chicago,  or  incapacitated  from  acting,  the  associate  judges  shall 
select  one  of  their  number  to  act  as  chief  justice  until  such  va- 
cancy shall  be  filled  by  election  or  appointment,  as  above  pro- 
vided for,  or  until  the  return  of  the  chief  justice,  or  until  his 
incapacity  ceases. 

Section  10.    That  no  person  shall  be  eligible  to  the  office  of 
chief  justice  or  of  associate  judge  of  the  municipal  court  unless 


8  PRACTICE    IN    THE    MUNICIPAL    COURT. 

he  shall  bo  at  least  thirty  years  of  age  and  a  citizen  of  the 
United  States,  nor  unless  he  shall  have  resided  in  the  county  of 
Cook  and  been  there  engaged,  either  in  active  practice  as  an 
attoniej'  and  counsellor  at  law  or  in  the  discharge  of  the  duties 
of  a  judicial  office,  five  years  next  preceding  his  election,  or  in 
one  of  said  occupations  during  a  portion  of  said  time  and  in 
the  other  the  remaining  portion  thereof,  and  shall,  at  the  time 
of  his  election,  be  a  resident  of  the  city  of  Chicago. 

Section  11.  That  every  chief  justice  and  associate  judge  of 
such  municipal  court,  before  he  enters  upon  the  duties  of  his 
office,  shall  take  and  subscribe  the  following  oath  or  affirmation : 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will 
support  the  Constitution  of  the  United  States  and  the  Constitu- 
tion of  the  State  of  Illinois,  and  that  I  will  faithfully  discharge 
the  duties  of  the  office  of  chief  justice  (or  associate  judge)  of 
the  municipal  court  of  Chicago  according  to  the  best  of  my 
ability. 

Said  oath  shall  be  filed  in  the  office  of  the  Secretary  of  State. 

Section  12,  That  whenever  two-thirds  in  number  of  the 
judges  of  the  municipal  court  shall  transmit  to  the  city  council 
of  the  city  of  Chicago  a  certificate  signed  by  them  that  in  the 
opinion  of  said  judges  the  business  of  said  municipal  court  is 
such  as  to  require  an  increase  in  the  number  of  the  associate 
judges  of  said  municipal  court,  said  city  council  may,  by  ordi- 
nance or  ordinances,  provide  for  an  increase  of  not  more  than 
nine  in  the  number  of  said  judges,  who  shall  be  elected,  one-third 
for  two  years,  one-third  for  four  years  and  one-third  for  six 
years,  at  the  next  ensuing  general  election.  The  judges  elected 
in  accordance  with  such  ordinance  or  ordinances  shall  hold  their 
offices  for  the  said  respective  periods  for  which  they  shall  have 
been  elected  and  until  their  successors  shall  be  elected  and  quali- 
fied, and  every  two  years  thereafter  their  respective  successors 
shall  be  elected  for  the  full  term  of  six  years.  But  after  the 
number  of  Jissociate  judges  has  been  increased  to  thirty-six 
(36)  no  subsequent  increase  thereof  shall  be  made  by  the  city 
council. 

Section  13.  That  the  judges  of  said  municipal  court  may 
interchange  with  judges  of  other  city  courts,  and  with  county 


THE   MUNICIPAL   COURT  ACT.  9 

judges,  and  said  respective  judges  may  hold  court  for  each  other 
and  perform  each  other's  duties  when  they  find  it  necessary  or 
convenient. 

Section  14.  That  there  shall  be  a  clerk  of  said  municipal 
court,  whose  term  of  office  shall  be  six  years  and  until  his  suc- 
cessor shall  be  elected  and  qualified  and  who  shall  be  elected  on 
the  first  Tuesday  after  the  first  Monday  of  November,  A.  D. 
1906,  and  everj^  six  years  thereafter.  He  shall  perform,  with 
respect  to  said  municipal  court,  the  duties  usually  performed  by 
clerks  of  courts  of  record.  He  shall  give  his  personal  attention 
to  the  performance  of  the  duties  of  his  office.  He  shall  main- 
tain an  office  in  each  district  and  each  office  shall  be  kept  open 
for  the  transaction  of  business  from  eight  o'clock  a.  m.  to  six 
o'clock  p.  M.  of  each  working  day  during  the  year.  Until  other- 
wise provided  by  the  rules  which  may  be  adopted  under  the 
provisions  of  this  act,  the  powers,  duties*  and  liabilities,  the  oath 
of  office  and  the  bond  and  conditions  thereof  of  such  clerk  shall 
be  the  same,  as  near  as  may  be,  as  those  prescribed  by  law  for 
clerks  of  courts  by  the  act  entitled  "An  act  to  revise  the  law 
in  relation  to  clerks  of  courts,"  approved  March  25,  1874,  and 
in  force  July  1,  1874.  His  salary  shall  be  five  thousand  dollars 
($5,000)  per  annum,  and  shall  be  paid  in  monthly  installments 
out  of  the  city  treasur3^  He  shall  be  commissioned  by  the  Gov- 
ernor. 

Section  15.     That  said  clerk  shall  appoint  such  number  of 
deputies  as  may  be  determined,  from  time  to  time,  by  a  majority 
I  )  of  the  judges  of  the  municipal  court  by  orders  signed  by  them 
and  spread  upon  the  records  of  said  court.    At  least  one  deputy 
j    clerk  shall  be   assigned  to   duty   in  each  branch  court.      The 
I    salaries  of  deputy  clerk  shall  be  fixed,  from  time  to  time,  by 
orders  signed  by  a  majority  of  the  judges  of  the  municipal  court 
and  spread  upon  the  records  of  the  court,  and  shall  be  payable 
out  of  the  city  treasury  in  monthly  installments,  provided,  haw- 
ever,  that  the  salary  of  the  chief  deputy  clerk  shall  not  exceed 
two  thousand  five  hundred  dollars    ($2,500)    per  annum,  and 
that  the  salary  of  no  other  deputy  clerk  shall  exceed  eighteen 
hundred  dollars  ($1,800)  per  annum.     Such  number  of  deputy 
clerks  so  appointed  as  the  judges  may  deem  necessary  shall  be 


^ 


10  PRACTICE    IN    THE    MUNICIPAL    COXJRT, 

competent  shorthand  reporters,  capable  of  correctly'  taking  down 
stenographically  and  transcribing  the  proceedings  of  courts, 
and  shall  perform  such  duties  with  respect  to  attending  upon 
and  taking  down  stenographic  reports  of  the  proceedings  of  said 
court  as  may  be  required  by  the  judges,  and  for  making  and 
furnishing  transcripts  of  their  stenographic  reports  aforesaid 
said  deputy  clerks  shall  be  allowed  to  make  such  reasonable 
charge,  not  exceeding  fifteen  cents  per  one  hundred  words,  to  the 
parties  to  whom  such  transcripts  are  furnished,  as  may  be  de- 
termined by  the  judges,  and  the  judges  may  allow  said  deputy 
clerks  to  retain,  as  additional  compensation  for  their  services, 
one-half  of  the  charges  so  collected,  the  balance  of  such  charges 
to  be  accounted  for  by  such  deputy  clerks  in  the  same  manner 
as  costs  collected  by  them.  Such  deputy  clerks  shall  take  the 
same  oath  or  affirmation  required  of  the  clerk  of  said  municipal 
court  and  shall  give  bonds  to  be  approved  by  the  chief  justice 
of  said  court,  conditioned,  as  near  as  may  be,  like  the  bond  re- 
quired of  the  clerk.  Any  deputy  clerk  shall  be  subject  to  re- 
moval at  any  time  by  an  order  signed  by  a  majority  of  the 
judges  of  the  municipal  court  and  spread  upon  the  records  of 
said  court.  The  number  of  deputy  clerks  may  be  reduced  at  any 
time  by  an  order  signed  by  a  majority  of  the  judges  of  said 
municipal  court  and  spread  upon  the  records  of  said  court.  It 
shall  be  the  duty  of  deputy  clerks  to  render  to  parties  to  suits 
in  cases  of  the  fourth  class  and  in  cases  of  the  fifth  class  men- 
tioned in  section  two  (2)  of  this  act,  such  assistance  and  give 
them  such  information  as  may  enable  them  to  properly  com- 
mence suits  or  to  enter  their  appearances  when  sued,  which 
duty  shall  be  regulated  and  defined  by  instructions  to  be  pre- 
pared by  the  chief  justice. 

Section  16.  That  there  shall  be  a  bailiff  of  said  municipal 
court  whose  term  of  office  shall  be  six  years  and  until  his  suc- 
cessor shall  be  elected  and  qualified  and  who  shall  be  elected  on 
the  first  Tuesday  after  the  first  Monday  of  November,  A.  D. 
1906,  and  every  six  years  thereafter.  He  shall  perform,  with  re- 
spect to  said  municipal  court,  the  duties  usually  performed  by 
sheriffs  in  respect  to  attendance  upon,  and  service  and  execu- 
tion of  the  process,  and  obedience  of  the  lawful  orders  and 
directions  of,  a  circuit  court.    He  shall  give  his  personal  atten- 


THE  MUNICIPAL   COURT  ACT.       '  H 

tiou  to  the  performance  of  the  duties  of  his  office.  He  shall 
maintain  an  office  in  each  district  and  each  office  shall  be  kept 
open  in  each  district  for  the  transaction  of  business  from  8 
o'clock  A.  M,  to  6  o'clock  p,  m.  of  each  working  day  during  the 
year.  Until  otherwise  provided  by  the  rules  which  may  be 
adopted  under  the  provisions  of  this  act,  the  powers,  duties  and 
liabilities,  the  oath  of  office,  and  the  bond  and  conditions  thereof 
of  such  bailiff  shall  be  the  same,  as  near  as  may  be,  as  those 
prescribed  by  law  for  sheriffs  with  respect  to  attendance  upon, 
and  service  and  execution  of  the  process,  and  obedience  of  the 
lawful  orders  and  directions  of,  a  circuit  court.  His  salary- 
shall  be  five  thousand  dollars  ($5,000)  per  annum  and  shall  be 
paid  in  monthly  installments  out  of  the  city  treasury.  He  shall 
be  commissioned  by  the  Governor. 

Section  17.  That  said  bailiff  shall  appoint  such  number  of 
deputies  as  may  be  determined,  from  time  to  time,  by  a  majority 
of  judges  of  the  municipal  court  by  orders  signed  by  them 
and  spread  upon  the  records  of  said  court.  At  least  one  deputy 
bailiff  shall  be  assigned  to  duty  in  each  branch  court.  The 
salaries  of  deputy  bailiffs  shall  be  fixed,  from  time  to  time,  by 
orders  signed  by  a  majority  of  the  judges  of  the  municipal  court 
and  spread  upon  the  records  of  the  court  and  shall  be  payable 
out  of  the  city  treasury  in  monthly  installments:  Provided, 
however,  that  the  salary  of  the  chief  deputy  bailiff  shall  not 
exceed  two  thousand  five  hundred  dollars  ($2,500)  per  annum, 
and  that  the  salary  of  no  other  deputy  bailiff  shall  exceed  fifteen 
hundred  dollars  ($1,500)  per  annum.  Such  deputy  bailiffs 
shall  take  the  same  oath  or  affirmation  required  of  the  bailiff  of 
said  municipal  court  and  shall  give  bonds  to  be  approved  by 
the  chief  justice  of  said  court  conditioned,  as  near  as  may  be, 
like  the  bond  required  of  the  bailiff.  The  bailiff  and  deputy 
bailiffs  of  the  municipal  court  shall  be  ex  officio  police  officers 
of  the  city  of  Chicago.  Any  deputy  bailiff  shall  be  subject  to 
removal  at  any  time  by  an  order  signed  by  a  majority  of  the 
judges  of  the  municipal  court  and  spread  upon  the  records  of 
said  court.  The  number  of  deputy  bailiffs  may  be  reduced  at 
any  time  by  an  order  signed  by  a  majority  of  the  judges  of  said 
municipal  court  and  spread  upon  the  records  of  said  court. 
Every  police  officer  of  the  city  of  Chicago  shall  be  ex  officio  a. 


12  pr!!actice  in  the  municipal  court. 

deputy  bailiff  of  the  rmmicipal  court,  and  shall  perform,  from 
time  to  time,  such  duties  in  respect  to  criminal  and  quasi  crim- 
inal cases,  including  cases  pertaining  to  alleged  violations  of 
city  ordinances  pending  in  said  court,  as  may  be  required  of 
him  by  said  court  or  any  judge  thereof. 

Section  18.  That  neither  the  clerk  nor  the  bailiff  nor  any 
deputy  clerk  or  deputy  bailiff  of  said  municipal  court  shall  re- 
ceive, aside  from  the  salary  and  the  costs  by  this  act  required  to 
be  paid  to  him  in  his  official  capacity,  any  money,  property,  or 
other  valuable  thing,  as  a  gratuity  or  otherwise,  for  the  per- 
formance of  any  duty  imposed  upon  him  by  virtue  of  his  office, 
or  for  the  performance  of  any  work  of  any  kind  or  character 
in  any  manner  connected  therewith.  It  shall  be  the  duty  of 
the  judges  of  said  municipal  court  to  remove  from  office  any 
deputy  clerk  or  deputy  bailiff'  who  shall  violate  either  of  the 
provisions  of  this  section.  No  clerk  or  bailiff,  or  deputy  clerk  or 
deputy  bailiff,  of  the  municipal  court  shall  be  appointed  receiver 
or  guardian  ad  litem  in  any  suit  therein  pending. 

Section  19.     That  until  otherwise  determined  in  the  manner 
hereinafter  provided,  and  except  as  by  this  act  is  otherwise  pre- 
scribed, the  practice  in  the  municipal  court  shall  be  the  same,  as 
near  as  may  be,  as  that  which  is  now  prescribed  by  law  for 
similar  suits  or  proceedings  in  circuit  courts,  excepting  that  in 
cases  of  the  fourth  class  and  cases  of  the  fifth  class  mentioned  in 
section  two  (2)  of  this  act  the  issues  shall  be  determined  with- 
out other  forms  of  written  pleadings  than  those  hereinafter  ex- 
pressly prescribed  or  provided  for.     Said  municipal  court  shall 
be  the  sole  judge  of  the  applicability  to  the  proceedings  of  said 
court  of  the  rules  of  practice  prescribed  by  law  for  similar  cases 
\.  in  the  circuit  courts  and  its  decisions  in  respect  thereto  shall 
^"X  not  be  subject  to  review  upon  appeal  or  writ  of  error ;  Provided, 
A  however,  that  upon  appeal  or  writ  of  error  the  supreme  court. 
Y  or  the  appellate  court,  as  the  case  may  be,  may  grant  relief  from 
\2  any  such  decision  in  any  case  where,  in  the  opinion  of  the  su- 
As^  preme  court  or  appellate  court,  such  relief  is  necessary  to  pre- 
^    vent  a  failure  of  justice. 

Section  20.  That  the  judges  of  said  municipal  court  shall 
have  power  to  adopt,  in  addition  to  or  in  lieu  of  the  provisions 


THE   MUNICIPAL   COURT  ACT.  13 

herein  contained  prescribing  the  practice  in  said  municipal 
.  court  or  of  any  portion  or  portions  of  said  provisions,  such  rules 
regulating"  the  practice  in  said  court  as  they  may  deem  necessary 
or  expedient  for  the  proper  administration  of  justice  therein.' 
The  adoption  of  said  rules  shall  be  accomplished  by  an  order 
signed  by  a  majority  of  said  judges,  which  order,  when  made, 
shall  be  forthwith  spread  upon  the  records  of  the  municipal 
court  and  shall  be  printed  in  pamphlet  form  at  the  expense  of 
/the  city:  Provided,  however,  that  no  such  rule  or  rules  so 
adopted  shall  be  inconsistent  with  those  expressly  provided  for 
by  this  act,  nor  shall  they  become  effective  and  be  in  force  until 
after  the  lapse  of  thirty  (30)  days  from  the  approval  thereof 
by  the  supreme  court.  Application  to  the  supreme  court  for 
such  approval  may  be  made  by  the  chief  justice  of  the  municipal 
court,  after  notice  of  such  application  shall  have  been  published 
once  each  week,  for  three  consecutive  weeks,  in  some  newspaper 
of  general  circulation  published  in  the  city  of  Chicago,  specify- 

jl  ing  the  time  at  which  such  application  shall  be  made.  Upon 
such  application  the  supreme  court  shall  review  the  said  rule  or 
rules  so  adopted  and  may  either  confirm  the  order  adopting  the 

if  same  or  may  modify  or  set  aside  the  same,  and  the  supreme 
court  may,  in  its  discretion,  substitute  for  the  rule  or  rules  so 
adopted  by  said  judges  of  said  municipal  court  or  for  any  por- 
tion thereof,  such  other  rules  as  the  supreme  court  may  deem 
proper,  and  may,  in  its  discretion,  of  its  own  motion  or  otherwise.. 
make  any  order  respecting  the  rules  of  said  municipal  court 
which  it  may  deem  proper.  The  supreme  court  and  appellate 
courts  in  cases  brought  to  them  from  the  municipal  court  by 
appeal  or  writ  of  error  shall  take  judicial  notice  of  the  rules  of 
■  practice  from  time  to  time  in  force  in  said  municipal  court. 

/      Section  21.    That  there  shall  be  no  stated  terms  of  the  munic- 

•*^  ipal  court,  but  said  court  shall  be  always  open  for  the  transac- 

^    tion  of  business.    Every  judgment,  order  or  decree  of  said  court, 

5^    final  in  its  nature,  shall,  for  the  period  of  thirty  days  after  the 

entry  thereof,  be  subject  to  be  vacated,  set  aside  or  modified, 

^    in  the  same  manner  and  to  the  same  extent  as  a  judgment,  decree 

or  order  of  a  circuit  court  during  the  term  at  which  the  same 

was  rendered  in  such  circuit  court.     After  the  lapse  of  thirty 

days  any  such  judgment,  decree  or  order  shall  not  be  vacated, 


3 


^ 


14  PRACTICE    IX    THE    MUNICIPAL    COURT. 

set  aside  or  modified,  excepting  upon  appeal  or  writ  of  error, 
or  by  bill  in  equity:  Provided,  however,  that  all  errors  in  fact  in 
the  proceedings  in  such  case,  which  could  have  been  corrected 
at  common  law  by  the  writ  of  error  coram  nobis,  may  be  cor- 
rected by  motion  or  the  judgment  may  be  set  aside,  in  the  man- 
ner provided  by  law  for  similar  cases  in  the  circuit  courts. 

Section  22.  That  the  final  orders,  judgments  and  decrees 
of  the  municipal  court  in  cases  of  the  first  cla.ss,  cases  of  the 
second  class  and  cases  of  the  third  class  mentioned  in  section 
two  (2)  of  this  act,  may  be  reviewed,  upon  error  or  appeal,  by 
the  supreme  court  in  all  criminal  cases  above  the  grade  of  mis- 
demeanors, cases  in  which  a  franciiise  or  freehold,  or  the  validity 
of  a  statute  or  construction  of  the  constitution  is  involved,  and 
in  all  cases  relating  to  the  revenue  or  in  which  the  state  is  inter- 
ested as  a  party  or  otherwise,  and  by  the  appellate  court  in  all 
other  cases.  The  practice  in  cases  of  appeals  from  (or)  writs 
of  error  to  said  municipal  court  in  said  cases  shall,  except  as  in 
this  act,  or  by  rules  of  said  court  adopted  in  pursuance  hereof, 
may  be  otherAvise  provided,  be  the  same,  as  near  as  may  be,  as 
the  practice  in  cases  of  appeal  from  or  writs  of  error  to  cir- 
cuit courts  in  similar  cases.  But  no  appeal  shall  be  allowed  in 
any  case  unless  the  same  be  prayed  for  within  twenty  days  after 
the  entiy  of  the  order,  judgment  or  decree  appealed  from,  and 
no  assignment  of  error  in  the  supreme  court  or  in  the  appellate 
court  in  any  such  case  shall  be  allowed  which  shall  call  in  ques- 
tion the  decision  of  the  municipal  court  in  respect  to  any  matter 
pertaining  to  the  practice  in  said  court.  Provided,  however,  that 
the  supreme  court  or  the  appellate  court,  as  the  case  may  be, 
may  grant  relief  from  any  error  of  the  municipal  court  in  re- 
spect to  a  matter  of  practice  therein  in  any  case  where,  in  the 
opinion  of  the  supreme  court  or  appellate  court,  such  relief  is 
necessary  to  prevent  a  failure  of  justice.   ^l^flL    t04»>^**Jfx    ^^"^ 

Sectidn  23.  J  That  the  final  orders  and  judgments  of  the 
municipal  court  in  cases  of  the  fourth  class  and  cases  of  the  fifth 
class  mentioned  in  section  two  (2)  of  this  act,  shall  be  reviewed 
by  writ  of  error  only.  Such  writ  of  error  shall  be  sued  out  of 
the  supreme  court  in  all  cases  in  which  a  franchise,  a  freehold  or 
the  validitv  of  a  statute  or  the  construction  of  the  constitution 


THE  MUNICIPAL  COURT  ACT.  15 

is  involved,  and  out  of  the  appellate  court  in  all  other  cases.  The 
time  within  which  a  writ  of  error  may  be  sued  out  in  any  such 
case  shall  be  limited  to  thirty  days  after  the  entry  of  the  final 
order  or  judgment  complained  of.  The  manner  of  prosecuting 
such  writ  of  error  shall  be  as  follows : 

Fh'st — Any  party  to  any  such  case  against  whom  there  has 
been  rendered  any  final  order  or  judgment  of  the  municipal 
court  and  who  shall  desire  to  obtain  a  review  of  such  final 
order  or  judgment  by  appeal  or  writ  of  error,  may  obtain  from 
the  municipal  court  a  stay  of  execution  upon  such  order  or 
judgment  for  ninety  days  after  the  entry  thereof  by  the  giving 
of  a  bond  with  a  sufficient  surety  or  sureties,  to  be  approved 
by  a  judge  of  the  municipal  court,  conditioned  for  the  per- 
formance by  such  party  of,  or  his  compliance  with,  such  order 
or  judgment,  or  his  payment  of  the  money  thereby  required 
to  be  paid  and  all  costs  which  may  be  awarded  the  opposite 
party  in  the  supreme  court  or  the  appellate  court,  as  the  case 
may  be,  in  case  a  writ  of  error  to  review  such  order  or  judg- 
ment shall  not  be  sued  out  within  thirty  days  from  the  date 
thereof,  or  in  case,  upon  the  suing  out  and  prosecution  of  such 
writ  of  error,  the  order  or  judgment  shall  be  affirmed  by  the 
supreme  court  or  the  appellate  court,  as  the  case  may  be. 

Second — No  other  or  further  stay  of  pTOceedings  or  execu- 
tion in  any  such  case  shall  be  allowed  by  the  municipal  court, 
but  the  supreme  court  or  the  appellate  court,  or  any  judge 
thereof,  may  allow  a  supersedeas  as  in  other  eases,  but  upon  the 
allowance  of  any  supersedeas,  when  any  bond  has  been  given 
as  al>ove  provided,  no  additional  bond  shall  be  required,  and 
such  su]X!rsedeas  shall  be  operative  until  the  final  determina- 
tion of  such  writ  of  error. 

Third — If,  upon  application  to  the  supreme  court  or  appel- 
late court,  or  to  any  judge  thereof,  for  a  supersedeas  the  same 
shall  be  denied,  such  order  or  judgnient  shall  stand  affirmed, 
and  no  further  proceedings  shall  be  had  in  said  supreme  court 
or  appellate  court  with  respect  thereto,  unless  the  supreme  court 
or  appellate  court,  or  the  judge  denying  such  supersedeas  shall 
otherwise  order. 

Fourth — The  party  in  whose  favor  any  final  order  or  judg- 
ment has  been  ente)-ed  shall  be  entitled  to  sue  out  a  Vv^rit  of 


16  PRACTICE    IN    THE    MUNICIPAL    COURT. 

error  from  the  supreme  court  or  the  appellate  court,  as  the 
case  may  be,  by  depositing  with  the  clerk  of  the  court  from 
which  said  writ  of  error  is  sued  out  the  sum  of  twenty  dollars 
($20)  <us  security  to  the  opposite  party  for  such  costs  as  may 
be  awarded  such  opposite  party  by  the  supreme  court  or  the 
appellate  court,  as  the  case  may  be,  upon  the  final  determina- 
tion of  such  writ  of  error. 

Fifth — The  party  suinj^  out  any  writ  of  error  shall  not  be 
required  to  serve  upon  the  opposite  party  any  scire  facias  to 
hear  errors,  but  in  lieu  thereof  shall,  within  five  days  after  the 
issuance  of  the  writ  of  error,  file  the  same  with  the  clerk  of  the 
said  municipal  court,  and  make  to  the  supreme  court  or  the  ap- 
pellate court,  as  the  case  may  be,  proof  of  such  filing,  and  such 
writ  of  error  so  filed  shall  be  notice  to  the  opposite  party  of 
the  suing  out  and  prosecution  of  such  writ  of  error. 

Sixth — Upon  application  made  at  any  time  within  sixty  days 
after  the  entry  of  any  final  order  or  judgment,  it  shall  be  the 
duty  of  the  judge  by  whom  such  final  order  or  judgment  was 
entered  to  sign  and  place  on  file  in  the  case  in  which  the  same 
was  entered,  if  so  requested  by  either  of  the  parties  to  the  suit, 
either  a  correct  statement,  to  be  prepared  by  the  party  request- 
ing the  signing  of  the  same,  of  the  facts  appeai'ing  upon  the 
trial  thereof,  and  of  all  questions  of  law  involved  in  such  case, 
and  the  decisions  of  the  court  upon  said  questions  of  law,  or 
a  correct  stenographic  report,  the  expense  of  procuring  which 
shall  be  paid  by  the  party  requesting  the  signing  of  the  same, 
of  the  proceedings  at  the  trial,  as  such  party  may  elect^^  the 
original  of  which  statement  or  stenographic  report,  together 
with  a  certified  transcript  of  the  judgment,  shall  be  certified 
to  the  supreme  court  or  appellate  court,  as  the  case  may  be, 
as  the  record  to  be  considered  upon  the  review  of  such  order 
or  judgment  by  writ  of  error. 

Seventh — No  order  or  judgment  so  sought  to  be  reviewed 
shall  be  reversed  unless  the  supreme  court  or  appellate  court, 
as  the  case  may  be,  shall  be  satisfied  from  said  statement  or 
stenographic  report  signed  by  said  judge  that  such  order  or 
judgment  is  contrary  to  the  law  and  the  evidence,  or  that  such 
order  or  judgment  resulted  from  substantial  errors  of  said 
municipal  court  directly  affecting  the  matters  at  issue  between 


THE   MUNICIPAL   COURT   ACT.  17 

the  parties,  in  which  last  mentioned  ease  the  supreme  court  or 
appellate  court,  as  the  ease  may  be,  may  enter  such  order  or 
judgment  as,  in  its  opinion,  the  municipal  court  ought  to  have 
entered,  or  it  may  reverse  the  said  order  or  judgment  and  re- 
mand the  case  to  the  municipal  court  for  further  proceedings. 
Eighth — No  assignment  of  error  in  the  supreme  court  or  in 
the  appellate  court  in  any  such  case  shall  be  allowed  which 
shall  call  in  question  the  decision  of  such  municipal  court  in 
respect  to  any  matter  pertaining  to  the  practice  in  such  court, 
nor  shall  any  exceptions  to  the  rulings  and  decisions  of  the 
municipal  court  upon  the  trial  be  necessary  to  the  right  of 
either  party  to  a  review  of  such  rulings  and  decisions  in  the 
supreme  court  or  appellate  court  upon  their  merits,  but  it  shall 
be  the  duty  of  the  supreme  court  or  the  appellate  court,  as  the 
ease  may  be,  to  decide  such  ease  upon  its  merits  as  they  may 
appear  from  such  statement  or  stenographic  report  signed  by 
the  judge:  .Provided,  however,  that  the  supreme  court  or  ap- 
pellate court,  as  the  case  may  be,  may  grant  relief  from  any 
error  of  the  municipal  court  in  respect  to  a  matter  of  practice 
therein  in  any  case  where,  in  the  opinion  of  the  supreme  court 
or  the  appellate  court,  such  relief  is  necessary  to  prevent  a 
failure  of  justice. 

Section  24.  That  in  any  case  transferred  to  said  municipal 
I  court  by  the  circuit  or  superior  court  of  Cook  county  for  trial 
and  disposition,  said  municipal  court  shall  exercise  the  same 
powers  as  the  court  from  which  said  case  has  been  transferred 
might  have  exercised  had  said  case  not  been  so  transferred. 
The  circuit  court  of  Cook  county,  or  the  superior  court  of  Cook 
county,  may,  upon  the  application  of  either  party  for  a  change 
of  venue,  and  shall  upon  the  request  of  both  parties  to  any  suit 
at  law  or  in  equity  pending  therein,  transfer  said  suit  to  the 
municipal  court  for  trial  and  disposition.  The  criminal  court 
of  Cook  county  may,  in  its  discretion,  upon  the  request  of  the 
state's  attorney  or  of  any  defendant,  transfer  to  the  municipal 
court  for  trial  and  disposition  any  case  therein  pending  and 
shall  have  power  to  malce  all  orders  which  it  maj^  deem  neces- 
sary to  accomplish  such  transfer  and  secure  the  attendance  of 
the  parties  and  witnesses  upon  said  municipal  court  until  the 
final  disposition  of  the  case,  and  said  municipal  court,  when 


18  PRACTICE    IN    THE    MUNICIPAJ^    COURT. 

any  criminal  case  shall  have  been  so  transferred  to  it,  shall 
exercise  all  the  powers  with  respect  to  the  trial  and  disposition 
of  said  case  which  the  said  criminal  court  of  Cook  county  might 
have  exercised  had  said  case  not  been  so  transferred.  All  judg- 
ments of  con\nction  in  criminal  cases  in  said  municipal  court 
where  the  punishment  inflicted  is  death  or  imprisonment,  shall 
be  earned  into  execution  in  the  same  manner  as  is  provided 
by  law  for  similar  cases  in  said  criminal  court  of  Cook  county. 
The  prosecution  of  all  criminal  cases  in  the  municipal  court 
shall  be  conducted  by  or  under  the  supervision  of  the  state's 
attorney  of  Cook  county,  but  in  any  case  in  which  the  state's 
attorney  is  disqualified  from  acting,  or  is  unable  to  act,  the 
court  may  appoint  some  attorney  at  law  of  Cook  county  to  act 
as  prosecuting  attorney  in  such  case.  In  all  cases  transferred 
as  aforesaid  to  said  municipal  court,  the  practice  in  respect 
to  the  trial  and  disposition  thereof  shall  be  the  same  as  that 
prevailing  in  the  respective  courts  from  which  the  same  have 
been  transferred,  unless  the  parties  shall  consent  that  the  trial 
and  disposition  thereof  shall  be  governed  by  the  rules  of  prac- 
tice prevailing  in  said  municipal  court  in  cases  commenced 
therein. 

Section  25.  That  the  petit  jurors  for  the  trial  of  cases  in 
said  municipal  courts  shall  be  provided  by  the  jury  commis- 
sioners of  the  county  of  Cook  in  the  same  manner  and  from 
the  same  lists,  as  near  as  may  be,  as  petit  jurors  are  provided 
for  the  circuit,  superior  and  criminal  courts  of  Cook  county. 
The  names  of  the  necessary  number  of  petit  jurors  required 
from  time  to  time  in  said  municipal  court  shall  be  furnished 
by  said  jury  commissioners  upon  demand  to  the  clerk  of  the 
municipal  court  and  the  venires  for  such  jurors  shall  be  directed 
to  and  served  by  the  sheriff  of  Cook  county  at  the  expense  of 
said  county,  and  the  fees  of  the  said  jurors  shall  be  paid  out 
of  the  city  treasury.  The  num.ber  of  petit  jurors  to  be  sum- 
moned from  time  to  time  shall  be  determined  by  the  chief 
justice. 

Section  26.  That  it  shall  be  the  duty  of  the  chief  justice  of 
the  municipal  court  to  cause  to  be  interrogated  all  petit  jurors 
summoned  for  service  in  the  municipal  court,  and  to  cause  to 


THE   MUNICIP.Uj   COURT   ACT.  19 

be  enquired  into  the  qualifications  of  said  jurors,  and  to  reject 
from  service  as  jurors  all  persons  who  do  not  appear  to  possess 
the  qualifications  required  by  law,  and  to  cause  the  summoning 
of  persons  competent  to  serve  as  jurors. 

Section  27.  That  all  criminal  cases  in  the  municipal  court 
in  which  the  punishment  is  by  fine  or  imprisonment  otherwise 
than  in  the  penitentiary,  may  be  prosecuted  by  information  of 
the  attorney  general  or  state's  attorney,  or  some  other  person, 
and  when  an  information  is  presented  by  any  person  other 
than  the  attorney  general  or  state's  attorney,  it  shall  be  verified 
by  affidavit  of  such  person  that  the  same  is  true,  or  that  the 
Same  is  true  as  he  is  informed  and  believes.  Before  an  infor- 
mation is  filed  by  any  person  other  than  the  attorney  general 
or  state's  attorney,  one  of  the  judges  of  the  municipal  court 
shall  examine  the  information  and  may  examine  the  person  pre- 
senting the  same  and  require  other  evidence  and  satisfy  him- 
self that  there  is  probable  cause  for  filing  the  same  and  so 
endorse  the  same.  Every  information  shall  set  forth  the  offense 
j^  with  reasonable  certainty,  substantially  as  required  in  an  in- 
dictment, and  the  proceedings  thereon  shall  be  the  same,  as 
near  as  may  be,  as  upon  indictment  in  the  criminal  court  of 
Cook  county,  excepting  as  is  by  this  act  otherwise  provided. 
But  criminal  cases  in  which  the  punishment  is  by  fine  only  not 
exceeding  five  hundred  dollars  ($500)  may,  in  the  discretion 
of  the  court,  be  prosecuted  by  complaint  as  is  provided  by  law 
for  the  prosecution  of  criminal  cases  before  justices  of  the 
peace.  Any  person  committed  for  a  criminal  or  supposed 
criminal  offense  and  not  admitted  to  bail  and  not  tried  within 
four  months  after  the  date  of  arrest  shall  be  set  at  liberty  by 
the  court,  unless  the  delay  shall  happen  on  the  application  of 
the  prisoner  or  unless  the  court  is  satisfied  that  due  exertion 
has  been  made  to  procure  the  evidence  on  the  part  of  the  people 
and  that  there  is  reasonable  grounds  to  believe  that  such  evi- 
dence may  be  procured  within  the  next  sixty  days,  in  which 
case  the  court  may  continue  the  case  for  such  time  as  the 
court  may  deem  necessary,  not  exceeding  said  sixty  days :  Pro- 
vided, however,  that  if  said  person  be  not  tried  within  said 
sixty  days  no  further  continuance  shall  be  granted  and  said 
person  shall  be  set  at  liberty  by  the  court. 


^^ 


20  PRACTICE    IN    THE    MUNICIPAL    COURT. 

Section  28.  That,  until  otherwise  provided  by  the  rules  of 
the  municipal  court,  and  except  as  is  herein  otherwise  pre- 
scribed, cases  of  the  first  class  mentioned  in  section  two  (2) 
of  this  act  shall  be  commenced  and  prosecuted  in  said  munic- 
ipal court  in  the  same  manner  in  which  similar  suits  and  pro- 
ceedings are  required  to  be  commenced  and  prosecuted  in  the 
circuit  courts,  and  excepting  also  in  the  following  particulars: 

First — The  summons,  when  the  first  process  is  a  summons, 
or  the  writ,  when  the  first  process  is  a  writ,  shall  be  directed 
to  the  bailiff  to  execute  and  shall  be  returnable  upon  some 
Monday  at  least  ten  days,  and  not  more  than  thirty  days,  after 
the  date  thereof. 

Second — Service  of  such  summons  or  writ  shall  be  made  by 
delivering  a  copy  thereof  to  the  defendant,  if  an  individual, 
and  informing  him  of  the  contents  thereof,  but  if  any  defend- 
ant be  a  corporation,  the  service  shall  be  made  in  the  manner 
provided  by  law  for  similar  cases  in  the  circuit  courts. 

Third — Notice  to  the  defendant  by  publication  may  be  given 
under  like  circumstances  and  in  the  same  manner  as  is  provided 
by  law  for  similar  cases  in  the  circuit  courts,  but  the  notice 
publi.slied,  in  lieu  of  stating  the  time  of  the  return  of  the  sum- 
mons or  writ,  shall  state  the  date  on  or  before  which  the  de- 
fendant is  required  to  appear,  which  date  shall  be  some  Mon- 
day not  less  than  forty  nor  more  than  sixty  days  after  the  date 
of  the  firet  publication  of  notice,  as  the  plaintiff  may  require. 

Fourth — No  such  suit  shall  be  commenced  in  the  municipal 
court  unless  the  defendant,  if  there  be  but  one  defendant,  re- 
sides or  is  found  within  the  city  of  Chicago,  or  if  the  defendant 
be  a  corporation,  unless  its  principal  office  is  wdthin  said  city; 
but  if  the  defendant  be  a  corporation  not  having  a  principal 
office  in  the  city  of  Chicago,  such  suit  may  be  brought  in  the 
municipal  court  wherever  service  of  process  may  be  had  within 
the  city  upon  any  officer,  agent  or  employe  of  such  corporation 
upon  whom  ser\'ice  of  process  mig-lit  be  had  if  issued  in  a  suit 
commenced  in  the  circuit  court. 

Fifth — The  provisions  of  paragraph  fourth  above  shall  not 
apply  to  attachment  suits  brought  against  non-residents  of 
this  state,  which  suits  may  be  brought  in  the  municipal  court 
when  any  property  of  the  defendant  is  levied  upon,  or  any 
garnishee  resides  or  is  found  within  the  citv  of  Chicago. 


i 


THE   MUNICIPAL   COURT   ACT.  21 

Sixth — When  there  are  several  defendants,  one  of  whom  re- 
sides or  is  found  in  the  city  of  Chicago,  a  summons  or  writ 
may  be  issued  to  the  sheriff  of  Cook  county  for  any  defendant 
residing  in  said  county,  but  outside  of  the  city  of  Chicago,  or 
to  the  sheriff  of  any  other  county  for  any  defendant  residing 
in  such  county,  and  service  of  any  summons  or  writ  so  issued 
shall  be  made  in  the  same  manner  as  herein  required  in  the 
case  of  a  summons  or  writ  directed  to  the  bailiff:  Provided, 
however,  that  no  judgment  shall,  in  any  such  case,  be  rendered 
against  any  defendant  served  with  process  outside  of  the  city 
of  Chicago  unless  judgment  be  also  rendered  against  a  defend- 
ant served  within  said  city  of  Chicago. 

Seventh — The  plaintiff  shall  file  his  declaration  within  five 
days  after  the  commencement  of  the  suit,  in  default  whereof 
the  suit  shall  be  dismissed  unless  the  court  by  an  order  entered 
in  said  suit  shall  extend  the  time  for  filing  such  declaration. 

Eighth — The  defendant  shall,  in  case  he  shall  have  been 
served  with  process  of  summons,  or  with  the  writ,  five  days  or 
more  prior  to  the  return  day  thereof,  demur  or  plead  to  the 
declaration  or  the  complaint  on  or  before  the  Monday  succeed- 
ing such  return  day;  but  in  case  the  summons  or  writ  shall 
have  been  served  less  than  five  days  prior  to  the  return  day 
the  defendant  shall  not  be  required  to  plead  to  the  declaration 
or  complaint  until  on  or  before  the  second  Monday  after  such 
return  day.  In  case  the  time  for  filing  the  declaration  or  com- 
plaint shall  be  extended  by  the  court,  the  time  for  the  defend- 
ant to  demur  or  plead  to  the  same  shall  be  extended  until  the 
second  Monday  succeeding  the  expiration  of  such  extension  of 
time.  The  time  within  which  the  defendant  is  required  to 
demur  or  plead  may  be  extended  by  the  court  in  its  discretion. 

But  all  cases  provided  for  in  this  section  shall  be  commenced, 
prosecuted  and  disposed  of  in  some  branch  court  held  in  the 
first  district. 


Section  29.  That  cases  of  the  fourth  class  and  cases  of  the 
'j  fifth  class  mentioned  in  section  two  (2)  of  this  act  shall  be 
brought  and  prosecuted  in  the  district  in  which  the  defendant, 
if  there  be  but  one  defendant,  or  one  of  the  defendants,  if 
there  be  more  than  one  defendant,  resides  or  is  found,  or,  if 
the  defendant  be  a  corporation  having  its  principal  office  in 


22  PRACTICE    IN    THE    MUNICIPAL    COURT. 

the  city  of  Chicago,  in  the  district  in  which  its  principal  office 
is  located;  but  if  the  defendant  be  a  corporation  not  having 
a  principal  office  in  the  city  of  Chicago,  suit  may  be  brought 
in  any  district  within  which  service  of  process  may  be  had  upon 
any  officer,  agent  or  employe  of  such  corporation,  upon  whom 
service  of  process  might  be  had  if  issued  in  a  suit  commenced 
in  the  circuit  court.  If,  in  any  such  case,  there  is  more  than 
one  defendant  and  one  defendant  resides  or  is  found  within 
the  district  in  which  such  suit  is  brought  or  is  properlj'  served 
with  process  therein,  the  process  of  such  municipal  court  may 
be  served  upon  the  remaining  defendant  or  defendants  at  any 
place  within  said  city  of  Chicago.  But  no  suit  shall  be  braught 
against  the  city  of  Chicago  or  any  other  municipal  corporation 
in  any  other  than  the  first  district.  If,  in  any  case  where  there 
is  more  than  one  defendant,  process  is  duly  served  upon  one 
or  more  defendants  and  returned  not  served  as  to  another  de- 
fendant or  other  defendants,  the  suit  shall  proceed  as  in  like 
cases  in  the  circuit  court.  But  the  requirement  that  the  de- 
fendant, if  there  be  but  one  defendant,  or  one  of  the  defendants, 
if  there  be  more  than  one  defendant,  must  reside  or  be  found 
within  the  district  in  which  such  suit  is  brought  shall  not  apply 
to  attachment  suits  brought  against  non-residents  of  this  state, 
which  suits  may  be  brought  in  any  district  when  any  property 
of  the  defendant  is  levied  upon  within  such  district  or  any 
garnishee  resides  or  is  found  in  such  district,  nor  shall  it  apply 
to  forcible  entry  and  detainer  suits  in  which  the  defendants 
do  not  reside  or  cannot  be  found  within  the  city  of  Chicago, 
Avhich  suits  may  be  brought  in  any  district  in  which  the  prop- 
erty, the  possession  of  which  is  sought  to  be  recovered,  is  situ- 
ated, and  service  of  summons  may  be  had  by  notice  by  pub- 
lication in  the  manner  required  by  law  in  cases  of  attachments 
in  courts  of  record.  Wlien,  upon  the  complaint  of  any  de- 
fendant, it  shall  be  made  to  appear  to  the  municipal  court  in 
any  district  that  the  suit  has  been  improperly  brought  therein, 
the  court  shall  not  be  required  on  that  account  to  dismiss  the 
suit,  if  the  municipal  court  in  any  district  could  properly  have 
jurisdiction  thereof,  but  in  such  case  the  court  may  cause 
such  suit  to  be  transferred  to  the  proper  district  and  the  court 
in  the  district  to  which  the  same  is  transferred  shall  proceed 
therewith   as  if  the  same  had  been  originally   commenced  in 


^ 


THE  MUNICIPAL  COURT  ACT.  23 

said  district:  Provided,  however,  that  the  court  may,  in  its 
discretion,  require  the  plaintiff  to  pay  the  costs  of  the  defend- 
ant paid  by  him  prior  to  such  transfer:  And  provided  further, 
that  whenever  a  trial  by  jury  is  demanded  in  any  case,  whether 
civil,  criminal  or  quasi  criminal,  the  court  may,  in  its  discre- 
tion, direct  the  trial  of  said  case  to  be  had  in  the  first  district, 
and  for  that  purpose  may  cause  said  case  to  be  transferred  to 
the  first  district,  to  be  there  tried  and  disposed  of. 

Section  30.  That  every  suit  at  law  in  the  municipal  court, 
other  than  a  case  of  the  second  class  or  a  case  of  the  third 
class  mentioned  in  section  two  (2)  of  this  act,  shall  be  tried 
by  the  court  without  a  jury  unless  the  plaintiff,  at  the  time 
he  commences  his  suit,  or  the  defendant,  at  the  time  he  enters 
his  appearance,  shall  file  with  the  clerk  a  demand  in  writing 
of  a  trial  by  jury,  which  demand,  however,  may  be  withdrawn 
by  the  party  filing  the  same  at  anj'-  time  before  the  trial,  and 
in  every  case  of  the  third  class  mentioned  in  section  two  of 
this  act  a  trial  by  jury  shall  be  deemed  waived  unless  the 
defendant  shall  expressly  demand  such  trial. 

Section  31.  That  in  all  cases  tried  by  jury  in  a  municipal 
court  each  party  shall  be  entitled  to  a  challenge  of  the  same 
number  of  jurors  without  showing  cause  for  such  challenge  as 
are  allowed  in  similar  cases  in  the  circuit  courts  and  in  the 
criminal  court  of  Cook  county,  and  challenges  for  statutory 
and  other  causes  shall  be  allowed  as  in  similar  cases  in  the 
circuit  court  and  in  said  criminal  court  of  Cook  county.  It 
shall  be  the  duty  of  the  judge  presiding  at  the  trial  to  exam- 
ine or  cause  to  be  examined  all  jurors  called  into  the  jury  box 
in  any  ease  with  respect  to  their  statutory  qualifications  to 
serve  as  petit  jurors  in  such  case,  and  to  permit  the  plaintiff, 
or  the  people,  and  the  defendant  to  propound  to  the  jurors 
such  pertinent  questions  'as  may  be  neeeissary  for  the  purpose 
of  ascertaining  whether  the  jurors  are  biased  or  prejudiced. 
But  upon  appeal  or  writ  of  error  to  review  any  judgment  of 
said  municipal  court  in  any  case  tried  therein  by  jury  no 
assignment  of  error  shall  be  allowed  which  shall  call  in  ques- 
tion any  ruling  of  the  court  pertaining  to  or  connected  with 
the  impaneling  of  the  jury,  other  than  one  improperly  restrict- 


24  PRACTICE    IN    THE    MUNICIPAL    COURT. 

ing  the  right  of  the  defendant  to  examine  the  jurors  as  to  bias 
or  prejudice,  or  improperly  overruling  a  challenge  by  the  de- 
fendant of  a  juror  for  bias  or  prejudice. 

Section  32.  That  the  municipal  court  in  any  civil  suit 
pending  therein,  at  any  time  before  the  trial  or  final  hearing 
thereof,  may  permit  the  filing  therein  of  interrogatories  to  be 
answered  by  any  party  to  such  suit  or  any  person  for  whose 
immediate  benefit  such  suit  is  prosecuted  or  defended,  or  by  the 
•  directors,  officers,  superintendent  or  managing  agents  of  any 
corporation  which  is  a  party  to  the  record  in  such  suit,  at  the 
instance  of  the  adverse  party  or  parties  or  any  of  them,  and 
to  require  an  answer  under  oath  to  all  such  interrogatories  as 
the  party  to  be  interrogated  might  be  recjuired  to  answer  if 
called  as  a  witness  upon  the  trial  or  hearing  of  such  suit,  but 
the  party  filing  such  interrogatories  shall  not  be  concluded  by 
the  answers  thereto,  if  he  shall  elect  to  introduce  the  same  or 
any  or  either  of  them  upon  the  trial  or  final  hearing. 

Section  33.     That  upon  the  trial  or  hearing  of  any  suit  in 
the  municipal  court  any  party  thereto,  or  any  person  for  whose 
^    immediate  benefit  such  suit  is  prosecuted  or  defended,  or  the 
,  V^'^'    directors,   officers,  superintendent  or  managing  agents  of  any 
j[y^  ^     corporation  which  is  a  party  to  the  record  in  such  suit,  may  be 
p^'^  examined  upon  the  trial  thereof  as  if  under  cross-examination 

N  *A^  .        at  the  instance  of  the  adverse  party  or  parties  or  any  of  them, 
^  and  for  that  purpose  may  be  compelled,  in  the  same  manner 

and  subject  to  the  same  rules  for  examination  as  any  other  wit- 
ness, to  testify,  but  the  party  calling  for  such  examination  shall 
not  be  concluded  thereby,  but  may  rebut  the  testimony'  thus 
given  by  counter  testimony. 

Section  34.  That  whenever  in  any  suit  pending  in  the 
municipal  court,  evidence  shall  be  necessary  concerning  any 
fact  in  support  of  or  in  opposition  to  any  interlocutory  or  other 
motion  or  application,  other  than  an  application  for  a  change 
of  venue,  the  court  may,  in  its  discretion,  require  such  evidence 
to  be  presented  by  the  oral  examination  of  witnesses  in  open 
court  or  otherwise,  and  may  make  all  necessary  orders  for 
such  oral  examination. 


V 


THE   MUNICIP.VL   COURT  ACT.  2u 

Section  35.  That  any  judge  of  the  municipal  court  shall 
upon  the  application  of  either  party  and  upon  reasonable  notice 
to  the  opposite  party,  have  power  to  sign  or  otherwise  make 
J  any  order  in  any  suit  pending  in  the  municipal  court  at  any 
O  place  within  the  city  of  Chicago,  whenever  in  the  opinion  of 
such  judge  the  granting  of  such  order  at  such  place  is  in  fur- 
therance of  justice,  and  such  order  shall  be  as  effective  as  if 
made  in  any  court  room  of  said  court  or  in  the  chambers  of 
said  judge. 

Section  36.  That  cases  in  the  municipal  court  shall  be  tried 
in  such  order  and  the  calendars  of  cases  shall  be  so  arranged 
as  may  be  determined  by  the  chief  justice  or  by  rules  of  the 
court  adopted  as  herein  provided. 

Section  37.  That  in  trials  by  jury  in  the  municipal  court, 
<Jthe  court  shall  charge  the  jury  as  to  the  law  only,  and  the 
charge  may,  in  the  discretion  of  the  court,  be  given  orally  or 
in  writing,  but,  when  given  orally,  it  shall  be  taken  down  in 
shorthand,  and  at  the  request  of  either  .party  a  transcript 
thereof  shall  be  made  and  filed  in  the  cause  in  which  such 
charge  is  given,  and  shall  be  made  a  part  of  the  record  in  such 
case. 

Section  38.  That  whenever  it  appears  in  any  bill  of  excep- 
tions signed  in  any  case  of  the  first  class  or  any  ease  of  the 
second  class  or  any  case  of  the  third  class,  mentioned  in  sec- 
tion two  (2)  of  this  act,  tried  and  determined  in  the  municipal 
court,  that  any  erroneous  ruling  was  made  by  said  municipal 
court  against  the  objection  of  the  party  complaining  thereof, 
=^,  but  that  no  formal  exception  was  taken  by  such  party  thereto, 
such  erroneous  ruling  shall  be  subject  to  review  upon  appeal 
or  writ  of  error  to  the  same  extent  and  in  like  manner  as  if 
it  appeared  that  a  formal  exception  had  been  taken  thereto  by 
the  party  complaining,  and  no  bill  of  exceptions  shall  be  held 
defective  for  the  want  of  the  seal  of  the  judge  thereto.  Upon 
the  prosecution  of  an  appeal  or  writ  of  error  to  review  any 
judgment  of  the  municipal  court,  in  any  such  case,  the  original 
bill  of  exceptions,  in  lieu  of  a  certified  copy  thereof,  shall  be 
inserted  in  the  transcript  of  the  record  to  be  filed  in  the  su- 
preme court  or  appellate  court  upon  such  appeal   or  writ  of 


i> 


26  PRACTICE   IK    THE   MUNICIPAL    COURT. 

error,  unless  the  municipal  court  shall  otherwise  direct,  and 
upon  the  final  determination  of  such  appeal  or  writ  of  error 
such  orif?iual  bill  of  exceptions  shall  be  remitted  to  the  munic- 
ipal court. 

Section  39.  That  no  application  for  a  change  of  venue  in 
any  case  of  the  fourth  class  or  in  any  case  of  the  fifth  class 
mentioned  in  section  two  (2)  of  this  act,  or  in  any  criminal 
case  punishable  by  fine  or  imprisonment  otherwise  than  in  the 
penitentiary,  on  account  of  the  prejudice  of  the  judge  shall 
be  allowed  by  the  municipal  court  when  the  applicant  names 
in  his  application  more  than  one  judge  from  whom  such  change 
of  venue  is  desired,  nor  unless  such  application  for  a  change 
of  venue  is  made  by  petition  as  in  like  cases  in  the  circuit 
courts,  and  such  petition  is  filed  at  or  before  the  time  of  the 
filing  or  entering  by  the  defendant  of  his  appearance  in  the 
suit  in  which  such  change  of  venue  is  asked  for,  if  such  suit 
is  a  civil  suit,  or  at  or  before  the  time  the  defendant  is  required 
to  plead  if  such  suit  is  a  criminal  suit,  and  in  no  case  shall  the 
granting  of  any  change  of  venue  delay  the  trial  of  the  suit,  but 
such  suit  shall  be  tried  and  disposed  of  at  the  time  set  for  the 
trial  thereof  or  at  the  time  to  which  the  trial  thereof  may  be 
postponed,  before  some  other  judge  of  the  court  than  the  one 
from  whom  the  change  of  venue  has  been  granted,  or  in  any 
other  district  in  which  the  same  may  be  ordered  to  be  tried,  and 
all  orders  necessary  for  the  setting  of  such  case  for  trial  and  for 
the  securing  of  a  speedy  trial  thereof  may  be  made  by  the  judge 
from  whom  said  change  of  venue  has  been  obtained. 

Section  40.  That  every  case  of  the  fourth  class  and  every 
case  of  the  fifth  class  mentioned  in  said  section  two  (2)  of 
:this  act,  excepting  attachment  suits,  replevin  suitSj  cases  of 
'distress  for  rent,  and  forcible  entry  and  detainer  suits,  and 
also  quasi-criminal  cases  brought  in  the  municipal  court,  shall 
be  commenced  by  the  filing  by  the  plaintiff  with  the  clerk  of 
a  praecipe  for  a  summons,  specifying  the  names  of  the  parties 
to  the  suit,  the  amount  of  the  plaintiff's  claim  and  the  day 
at  which  the  summons  shall  be  made  returnable,  which  day 
shall  not  be  less  than  five  (5)  nor  more  than  fifteen  (15)  days 
from  the  filing  of  the  praecipe,  and  a  bill  of  particulars  of  the 


i 


V 


THE  MUNICIPAL   COURT   ACT,  27 

plaintiff's  claim,  which  bill  of  particulars,  if  the  suit  be  upon  a 
contract,  express  or  implied,  shall  consist  of  a  statement  of  the 
account  or  of  the  nature  of  the  demand,  or,  if  the  suit  be  for  a 
tort,  it  shall  consist  of  a  brief  statement  of  the  nature  of  the  tort 
and  such  further  information  as  will  reasonably  inform  the 
defendant  of  the  nature  of  the  case  he  is  called  upon  to  defend, 
but  nothing  herein  contained  shall  be  construed  to  require  the 
bill  of  particulars  in  any  action  for  a  tort  to  set  forth  the 
cause  of  action  with  the  particularity  required  in  a  declaration 
at  common  law.  In  cases  of  the  fourth  class  and.  in  cases  of 
the  fifth  class  mentioned  in  said  section  two  (2)  of  this  act, 
the  municipal  court  may  adopt  such  rules  and  regulations  as 
it  may  deem  necessary  to  enable  the  parties,  in  advance  of 
the  trial,  to  ascertain  the  nature  of  the  plaintiff's  claim  or 
^ims,  or  of  the  defendant's  defense  or  defenses. 

Section  41.  That  upon  the  filing  of  such  praecipe  and  bill 
of  particulars  the  clerk  of  the  municipal  court  shall  issue  a 
summons  to  the  defendant  directed  to  the  bailiff  to  execute 
and  returnable  at  ten  o'clock  a.  m.  sharp  of  the  day  for  such 
return  specified  in  the  praecipe,  which  summons  shall  state  the 
amount  of  the  plaintiff's  claim  and  shall  be  attested  in  like 
manner  as  a  summons  issued  out  of  a  court  of  record.  Upon 
every  such  summons  there  shall  be  printed  in  plain  type  the 
provisions  of  this  act  pertaining  to  defaults  in  case  of  the  non- 
appearance of  the  defendant,  and  setting  of  the  case  for  trial 
in  case  of  appearance,  and  such  further  information  as  may 
be  prescribed  by  the  chief  justice. 

Section  42.  That  every  such  summons  issued  out  of  the 
municipal  court  shall  be  served,  if  the  defendant  be  an  indi- 
vidual, by  delivering  to  him  a  copy  thereof  and  informing  him 
of  its  contents,  or,  if  the  defendant  be  a  corporation,  service 
shall  be  made  upon  such  corporation  in  the  same  manner  as  is 
now  or  hereafter  may  be  provided  by  law  for  the  service  of 
process  upon  such  corporation  in  a  suit  at  law  when  issued  out 
of  a  circuit  court.  In  case  said  summons  shall  not  be  served 
upon  the  defendant  three  days  or  more  prior  to  the  return 
day  thereof  an  alias  summons  may  be  issued  and  a  subsequent 
pluries  summons  may  be  issued  in  any  case  when  a  previous 


^^ 


.^ 


28  PRACTICE   IN    THE   MUNICIPAL   COURT. 

alias  or  pluries  summons  shall  not  have  been  served  upon  the 
defendant  three  days  or  more  prior  to  the  return  day  fixed 
in  the  previous  summons.  Service  of  such  alias  or  pluries 
summons  shall  be  made  in  the  same  manner  as  that  above  pro- 
vided for  the  service  of  the  original  summons. 

Section  43.  That  upon  the  return  of  any  such  summons 
duly  served  upon  the  defendant,  the  plaintiff  shall  be  entitled 
to  judgment  as  in  case  of  default,  unless  the  defendant  shall 
either  appear  in  person  at  the  time  specified  in  such  summons, 
or  shall,  at  or  before  the  time  fixed  in  such  summons  for  his 
appearance,  file  his  appearance  in  writing  in  said  municipal 
court.  Upon  such  default  the  court  shall  assess  the  damages 
after  hearing  such  evidence  as  the  court  may  deem  sufficient 
for  that  purpose.  In  case  the  defendant  shall  desire  upon  the 
trial  to  present  any  set-off  or  counter  claim,  he  shall  file  a 
bill  of  particulars  thereof  with  his  appearance;  provided,  how- 
ever, the  court  may,  in  its  discretion,  extend  the  time  for  the 
filing  of  such  bill  of  particulars.  It  shall  be  the  duty  of  the 
court  at  ten  o'clock  a.  m.  sharp  of  each  day  upon  which  the 
court  is  open  for  business,  or  as  soon  thereafter  as  is  prac- 
ticable, to  call  the  cases  in  which  the  summonses  are  then  re- 
turnable for  the  purpose  of  ascertaining  whether  the  defend- 
ants therein  have  appeared  in  person  or  have  entered  their  ap- 
pearances in  writing,  and  to  give  such  directions  with  respect 
to  such  appearances  as  the  court  may  find  necessary  or  proper 
for  the  information  of  the  parties. 

Section  44.  That  the  clerk  of  the  municipal  court  shall  keep 
on  hand  and  furnish  to  suitors  and  attorneys  on  application 
printed  blank  forms  of  praecipes,  summonses,  entries  of  ap- 
pearance, affidavits,  bonds,  attachment  writs,  replevin  writs, 
petitions  for  changes  of  venue,  and  all  other  papers  necessary 
for  the  use  of  the  parties  to  suits  in  such  court.  Forms  for 
such  papers  shall  be  prescribed  by  the  chief  justice  of  the 
municipal  court,  who  shall  also  from  time  to  time  prescribe 
and  cause  to  be  printed  forms  of  bills  of  particulars  to  be  used 
in  said  court. 

Section  45.  That  if  in  any  case  of  the  fourth  class  or  in 
jiny  case  of  the  fifth  class  mentioned  in  said  section  two  (2) 


THE   MUNICIPAL   COURT   ACT.  29 

I  of  this  act,  brought  iii  the  municipal  court,  the  defendant  shall 
'  appear  at  the  time  specified  in  the  summons  or  shall  have 
'  entered  his  appearance  in  writing  at  or  before  the  time  so  speci- 
fied, the  court  shall,  at  such  time,  or  as  soon  thereafter  as  prac- 
ticable, fix  a  time  for  the  trial  thereof  and  such  case  shall  be 
tried  at  the  time  so  fixed  or  as  soon  thereafter  as  the  other  busi- 
ness of  the  court  will  permit. 

y  Section  46.     That  amendments  to  bills  of  particulars,  prae- 

/Veipes,  summons  and  other  papers  filed  by  either  party  may,  in 
the  discretion  of  the  court  be  allowed  at  any  time. 

Section  47.     That  the  court  may  in  any  case  of  the  fourth 

^" — class    or    any    case    of    the    fifth    class    mentioned    in    section 

'^two  (2)  of  this  act,  grant  such  postponements  of  the  trial,  and 

Vmay  make  such  other  orders  in  respect  thereto  as  the  court  may 

J  deem  proper  and  necessary  for  the  protection  of  the  rights  of 

_f  the  parties,  and  the  failure  of  the  court  to  try  any  such  case 

at  the  time  to  which  the  trial  has  been  postponed  shall  not 

\     operate  as  a  discontinuance,  but  the  same  shall  remain  under 

the  control  of  the  court  until  the  final  disposition  thereof. 


i 


J  Section  48.  That  the  practice  and  proceedings  in  the  mu- 
"^  nicipal  court,  other  than  the  mode  of  trial  and  the  proceed- 
%  ings  subsequent  to  the  trial,  in  cases  of  attachment,  replevin, 
distress  for  rent  and  forcible  entry  and  detainer  included  with- 
in the  cases  of  the  fourth  class  and  within  the  cases  of  the 
^  fifth  class  mentioned  in  section  two  (2)  of  this  act,  shall  be 
y  the  same  as  near  as  may  be,  as  that  which  is  now  prescribed 
^  by  law  for  similar  cases  in  courts  of  record,  with  the  following 
5     exceptions : 

First — There  shall  be  no  written  pleadings,  excepting  such 
as  are  required  by  law  in  similar  cases  before  justices  of  the 
peace,  other  than  the  affidavits  in  attachment  and  replevin, 
copies  of  the  distress  warrants  in  cases  of  distress  for  rent,  and 
the  complaint  in  forcible  entry  and  detainer,  and  the  writs  shall 
be  made  returnable  in  like  manner  as  the  summons  in  other 
cases  of  such  classes  in  the  municipal  court. 

Secmid — In  attachment  cases  the  plaintiff  at  the  time  of  the 
commencement  of  his  suit  and  the  defendant  at  the  time  of  his 
appearing  in  person  or  of  his  entering  his  appearance  in  writ- 


30 


PRACTICE    IN    THE    MUNICIPAL    COURT, 


V 


ing,  if  he  shall  desire  upon  the  trial  to  present  any  set-off  or 
counter-claim,  shall  file  a  bill  of  particulars  thereof. 

Third — In  forcible  entry  and  detainer  cases  the  plaintiff  may 
unite  with  his  claim  for  possession  of  the  property  any  claim 
for  rent  or  damages  for  withholding  possession  of  the  same, 
providing  such  claim  does  not  exceed  one  thousand  dollars 
($1,000). 

Fourth — The  mode  of  trial   and  all  proceedings  subsequent 
to  the  trial  shall  be  the  same,  as  near  as  may  be,  as  in  other 
cases  of  the  fourth  class  and  cases  of  the  fifth  class,  mentioned 
;ection  two  (2)  of  this  act. 


4 


Section  49.  That  the  practice  in  the  municipal  court  in 
quasi  criminal  cases  shall  be  the  same  as  herein  prescribed 
for  civil  cases  of  the  fourth  class  mentioned  in  section  two  (2) 
of  this  act,  in  said  court,  excepting  as  follows: 

First — The  first  process  in  any  suit  for  the  violation  of  any 
municipal  ordinance  shall,  except  as  hereinafter  provided,  be 
a  summons.  If  the  defendant,  after  being  duly  served  with 
summons,  fails  to  appear  personally,  at  the  time  specified  in 
the  summons,  or  to  enter  his  appearance  at  or  before  such 
time,  the  court  may  proceed,  as  in  case  of  default,  or  may  issue 
a  warrant  for  the  arrest  of  the  defendant. 

Second — When  the  offense  complained  of  is  also  a  violation 
of  any  provision  of  the  criminal  code,  the  court  may  issue  a 
warrant  in  the  first  instance  for  the  violation  of  the  ordinance 
under  like  circumstances  under  which  a  warrant  might  issue 
for  a  violation  of  the  criminal  code,  and  such  warrant  may  be 
served  at  any  place  within  the  city  of  Chicago  if  the  court  in 
its  discretion  shall  so  direct. 

Third — A  warrant  may  issue  in  the  first  instance  upon  the 
affidavit  of  any  person  that  an  ordinance  has  been  violated  and 
that  the  person  making  the  complaint  has  reasonable  grounds 
to  believe  the  party  charged  is  guilty  thereof  and  will  escape 
unless  arrested,  and  stating  the  facts  upon  which  such  belief 
is  based,  provided  the  judge  to  whom  application  is  made  for 
such  warrant  shall  be  satisfied,  after  examining  under  oath 
the  party  making  the  affidavit,  that  such  arrest  should  be  made, 
and  any  person  arrested  upon  any  warrant  herein  provided  for 


THE   MUNICIPAL   COURT  ACT.  31 

shall,  without  unnecessary  delay,  be  taken  before  the  branch 
court  to  which  such  warrant  is  returnable  and  tried  for  the 
alleged  offense,  and  such  warrant  may  be  served  at  any  place 
within  the  city  of  Chicago,  if  the  court  in  its  discretion  shall 
so  direct. 

Section  50.  That  upon  the  arrest  of  any  person  for  any 
criminal  or  quasi  criminal  offense  within  the  jurisdiction  of 
the  municipal  court,  any  judge  of  the  municipal  court,  or  any 
judge  of  the  circuit  or  superior  court  of  Cook  county  shall 
have  power  to  let  such  person  to  bail  and  in  case  of  the  arrest 
of  any  person  for  any  quasi  criminal  offense  or  for  any  offense 
when  the  punishment  is  by  fine  or  imprisonment  otherwise  than 
in  the  penitentiary,  the  chief  of  police  or  any  captain,  lieuten- 
ant or  sergeant  of  police  of  the  city  of  Chicago  shall  have  power 
vlo  let  such  person  to  bail.  The  bail  bond  in  any  such  ease 
shall  be  conditioned  for  the  appearance  of  the  person  arrested 
before  some  branch  court  at  a  time  fixed  in  such  bond  for  such 
appearance,  which  time  shall  not  be  later  than  two  days  after 
the  date  of  the  bond.  Any  bond  so  taken  shall  be  signed  by 
one  or  more  sureties  to  be  approved  by  such  judge  or  officer, 
who  shall  be  authorized  and  required  to  administer  oaths  for 
the  purpose  of  ascertaining  the  sufficiency  of  the  sureties.  All 
bonds  so  taken  shall  be  filed  with  the  clerk  of  the  municipal 
court  at  the  branch  court  at  which  the  person  so  arrested  is 
required  to  appear.  The  exercise  of  the  power  hereby  con- 
ferred of  letting  to  bail  shall  be  subject  to  regulation  by  such 
rules  as  may  be  adopted  by  a  majority  of  the  judges  of  the 
municipal  court  as  herein  provided.  But  any  person  so  arrest- 
ed shall  have  the  right  to  be  brought  immediately  before  the 
municipal  court  in  the  district  in  Avhich  he  is  arrested,  or,  if 
there  be  no  judge  then  in  attendance  upon  such  court,  to  the 
municipal  court  in  any  other  district  at  which  there  may  be 
a  judge  then  in  attendance,  to  be  dealt  with  by  such  court  ac- 
cording to  law.  The  court  may,  by  rule,  provide  that  any  de- 
fendant arrested  in  any  criminal  case  in  which  the  punish- 
ment is  by  fine  only,  or  in  any  quasi  criminal  case,  may,  in  lieu 
of  giving  bail  for  his  appearance,  deposit  with  the  clerk  such 
sum  of  money  as  the  court  may  deem  sufficient  to  secure  his 
appearance  at  the  time  or  times  so  fixed  therefor.     Such  sum 


PRACTICE    IN    THE    MUNICIPAL    COURT. 

to  be  forfeited  and  i)aid  into  the  city  treasury   in  ease  such 
efendant  shall  fail  to  appear  at  the  time  or  times  so  fixed. 

Section  51.  That  if  the  method  of  procedure  in  any  case 
within  the  jurisdiction  of  the  municipal  court  is  not  sufficiently 
prescribed  by  this  act,  or  by  any  rule  of  court  adopted  in 
pursuance  hereof,  the  branch  court  in  which  the  same  is  brought 
or  proposed  to  be  brought,  may  make  such  provision  for  the 
conducting  and  disposing  of  the  same  as  may  appear  to  the 
court  proper  for  the  just  determination  of  the  rights  of  the 
parties. 


Section  52.  That  both  in  direct  and  in  collateral  proceed- 
ings the  same  presumptions  shall  be  indulged  with  respect  to 
the  jurisdiction  of  the  municipal  court  over  the  subject  matter 
of  suits  and  over  the  parties  thereto,  as  are  indulged  with 
respect  to  the  jurisdiction  of  circuit  courts  in  like  cases. 


Section  53.  That  any  money  judgment  rendered  by  the 
municipal  court,  when  no  execution  issued  thereon  is  outstand- 
ing, may  be  satisfied  by  the  payment  by  the  party  against 
whom  the  same  has  been  rendered  of  the  amount  thereof  to  the 
clerk  of  said  court,  who,  upon  payment  being  made,  shall  enter 
satisfaction  thereof  and  shall,  upon  demand,  pay  over  the 
money  received  by  him  to  the  person  appearing  of  record  to  be 
entitled  thereto. 

Section  54.  That  the  municipal  court  shall  take  judicial 
notice  of  all  matters  of  which  courts  of  general  jurisdiction  of 
this  state  are  required  to  take  judicial  notice,  and  also  of  the 
following : 

1.  All  general  ordinances  of  the  city  of  Chicago  and  all 
general  ordinances  of  every  municipal  corporation  situated  in 
whole  or  in  part  within  the  limits  of  the  city  of  Chicago. 

2.  All  laws  of  a  public  nature  enacted  by  any  state  or  terri- 
tory of  the  United  States. 


I 


Section  55.  That  the  masters  in  chancery  of  the  circuit  and 
superior  courts  of  Cook  county  shall  be  ex  officio  masters  in 
chancery  of  the  municipal  court. 


TUE   MUNICIPAL  COURT   ACT.  33 

Section  56.     That  the  costs  in  civil  eases  in  the  municipal 

court  shall  be  as  follows: 

I  First — In  a  case  of  the  first  class  mentioned  in  section  two 

(2)  of  this  act  the  plaintiff  at  the  time  of  commencing  his  suit 

jshall  pay  to  the  clerk  in  full  for  all  services  to  be  rendered  by 

/said  clerk  for  the  plaintiff  in  said  suit  other  than  the  making 

/or  furnishing  of  transcripts  of  the  record,  the  sum  of  eight  dol- 

I  /lars  ($8.00),  and  if  he  at  the  same  time  files  with  the  clerk  a 
/  demand  in  writing  of  a  trial  by  jury  he  shall  pay  to  the  clerk 

<    the  further  sum  of  six  dollars   ($6.00)   to  be  applied  towards 
J  the  payment  of  the  fees  of  jurors  in  said  court, 

U      Second — In  a  case  of  the  second  class  mentioned  in  section 

O  two  (2)  of  this  act  the  plaintiff,  at  the  time  of  the  bringing  of 
the  transcript  of  the  record  to  the  municipal  court,  shall  pay 
to  the  clerk  in  full  for  all  services  to  be  rendered  by  said  clerk 
for  the  plaintiff  in  said  suit  other  than  the  making  or  furnish- 
ing of  transcripts  of  the  record,  the  sum  of  eight  dollars 
($8.00),  and  if  he  at  the  same  time  files  with  the  clerk  a  de- 
mand in  writing  of  a  trial  by  jury,  he  shall  pay  to  the  clerk 
the  further  sum  of  six  dollars  ($6.00)  to  be  applied  towards 
the  payment  of  the  fees  of  the  jurors  in  said  court. 

Third — In  any  case  of  the  first  class  or  of  the  second  class 
mentioned  in  section  two  (2)  of  this  act  the  defendant  at  the 
time  of  filing  his  appearance,  and  before  he  shall  be  permitted 
to  make  any  defense,  shall  pay  to  the  clerk  in  full  for  all  serv- 
ices to  be  rendered  by  said  clerk  for  the  defendant  in  said 
suit,  other  than  the  making  or  furnishing  of  transcripts  of  the 
record,  the  sum  of  three  dollars  ($3.00),  and  if  he  shall  at 
the  same  time  file  with  the  clerk  a  demand  in  writing  of  a  trial 
t>y  jury,  he  shall  pay  to  the  clerk  the  further  sum  of  six  dol- 
lars ($6.00)  to  be  applied  towards  the  payment  of  the  fees  of 
the  jurors  in  said  court. 

Fourth. — In  any  case  of  the  fourth  class  or  of  the  fifth  class 
mentioned  in  section  two  (2)  of  this  act,  the  plaintiff,  at  the 
time  of  commencing  his  suit  shall  pay  to  the  clerk  in  full  for 
all  services  to  be  rendered  by  said  clerk,  if  such  case  be  other 
than  an  action  of  forcible  entry  and  detainer,  the  sum  of  two 
dollars  ($2.00)  when  the  amount  claimed  by  him  in  money  or 
property  does  not  exceed  two  hundred  dollars  ($200),  the  sum 
3 


34  PRACTICE    IN    THE    MUNICIPAL    COURT. 

of  five  dollars  ($5.00)  when  the  amount  claimed  by  him 
exceeds  two  hundred  dollars  ($200)  but  does  not  exceed 
one  thousand  dollars  ($1,000),  and  the  sum  of  two  dollars 
($2.00)  in  a  case  of  forcible  entrj'  and  detainer,  and  if  the 
I)laintiff  at  the  time  he  commences  his  suit  files  with  the  clerk 
a  demand  in  writing  of  a  trial  bj^  jury,  he  shall  pay  to  the 
clerk  the  further  sum  of  six  dollars  ($6.00)  to  be  applied 
towards  the  payment  of  the  fees  of  jurors  in  said  court. 

Fifth — In  any  case  of  the  fourth  class  or  of  the  fifth  class 
mentioned  in  section  two  (2)  of  this  act  the  defendant,  at  the 
time  of  his  appearance,  shall  pay  to  the  clerk  in  full  for  serv- 
ices to  be  rendered  by  said  clerk,  if  the  suit  be  other  than  an 
action  of  forcible  entry  and  detainer  and  the  amount  claimed 
by  the  plaintiff  in  money  or  property  exceeds  two  hundred  dol- 
lars ($200)  the  sum  of  two  dollars  ($2.00),  and  if  the  defend- 
ant shall  at  the  same  time  file  with  the  clerk  a  demand  in  writ- 
ing of  a  trial  by  jury  he  shall  pay  to  the  clerk  the  further  sum 
of  six  dollars  ($6.00)  to  be  applied  towards  the  payment  of 
the  fees  of  jurors  in  said  court. 

Sixth — The  costs  to  be  paid  for  the  services  of  the  bailiff 
and  of  sheriffs  and  other  costs  not  included  in  the  above  in 
cases  of  the  first  class  and  in  ea.ses  of  the  second  class  men- 
tioned in  section  two  (2)  of  this  act  shall  be  the  same  as  those 
required  by  law  from  time  to  time  to  be  paid  for  similar  serv- 
ices in  cases  in  the  circuit  court  of  Cook  county. 

Seventh — In  any  case  of  the  fourth  class  or  of  the  fifth  class 
mentioned  in  section  two  (2)  of  this  act  the  party  delivering 
to  the  bailiff  any  summons,  writ  of  attachment,  writ  of  replevin, 
subpoena,  writ  of  execution  or  other  process  shall  at  the  time 
of  making  such  delivery  pay  to  the  bailiff  the  sum  of  one 
dollar  ($1.00)  for  each  defendant  named  in  such  process  upon 
whom  service  thereof  is  to  be  made,  and  in  cases  of  writs  of 
jittachraent,  replevin  or  execution,  he  shall  pay  to  the  bailiff 
the  further  sum  of  one  dollar  ($1.00)  when  any  levy  upon 
or  seizure  of  property  is  to  be  made  thereunder,  and  shall  also 
pay  to  the  bailiff  the  actual  expense  of  seizing  or  caring  for 
any  property  levied  upon  or  seized  thereunder. 

Eighth — In  any  ease  of  the  fourth  class  or  of  tho  fifth  class 
mentioned  in  section  two   (2)   of  this  act,  the  party  procuring 


THE  MUNICIPAL  COURT  ACT.  35 

any  certified  copy  of  the  record  or  of  any  portion  thereof  in 
any  case  shall  pay  to  the  clerk  the  same  fees  required  by  law 
from  time  to  time  to  be  paid  to  the  clerk  of  the  circuit  court  of 
Cook  county  for  similar  services. 

Ninth — In  any  case  of  the  fourth  class  or  of  the  fifth  class 
mentioned  in  section  two  (2)  of  this  act  the  bailiff  as  commis- 
sions on  moneys  realized  by  execution,  shall  collect  from  the  de- 
fendant in  the  execution  five  (5)  per  cent,  upon  the  amount 
realized  if  it  do  not  exceed  one  hundred  dollars  ($100),  but  if 
the  amount  realized  exceeds  one  hundred  dollars  ($100)  the 
bailiff  shall  collect  five  (5)  per  cent,  on  the  first  one  hundred 
dollars  ($100)  and  three  (3)  per  cent,  upon  the  excess  over 
one  hundred  dollars  ($100). 

The  amounts  hereby  required  to  be  advanced  when  a  demand 
in  writing  of  a  trial  by  jury  is  filed  to  be  applied  towards  the 
payment  of  the  fees  of  jurors  in  said  court  shall  be  paid  by  the 
clerk  into  the  city  treasury. 

In  any  case  included  within  the  terms  of  this  section  the 
court  may,  in  its  discretion,  order  that  an  advance  payment  of 
costs  may  be  waived  in  favor  of  any  poor  person  whose  financial 
circumstances,  as  made  to  appear  to  the  court,  are  such  that 
such  advance  payment  would  be  unduly  burdensome  or  oppres- 
sive. 

Section  57.  That  the  costs  in  criminal  and  in  quasi  crim- 
inal cases  and  proceedings  in  the  municipal  court,  instituted  in 
»<•  the  name  or  by  the  authority  of  the  people  or  in  the  name  of 
*^any  state  or  county  officer  in  his  official  capacity,  shall  be  as 
Vf  ollows : 

^'     First — The  clerk's  fees  in  full  for  all  services  rendered  by 
him  shall  be  the  sum  of  six  dollars  ($6.) 

Second — The  bailiff's  fees  shall  be  the  same  as  those  which 
.may  now  or  hereafter  be  fixed  bv  law  for  the  sheriff  in  eoiin- 
jties  of  the  third  class  for  similar  services. 

All  monej's  collected  upon  judgments  of  the  municipnl  court 
in  such  cases  shall  be  paid  to  the  clerk,  who  shall,  at  the  end 
of  every  three  months,  apply  the  same,  or  so  much  thereof  as 
may  be  necessary,  to  the  payment  of  the  uncollected  costs  in 
criminal  and  quasi  criminal  eases  instituted  in  the  municipal 
court  in  the  name  of  the  people,  or  in  the  name  of  any  state  or 


i 


36  PRACTICE    IN    THE    MUNICIPAL    COURT. 

(county  officer  in  his  official  capacity,  and  pay  over  the  balance, 
if  any,  to  the  officer  entitled  by  law  to  receive  the  same. 

Section  58.  That  the  costs  in  cases  in  the  municipal  court 
instituted  in  the  name  of  the  city  of  Chicago-  or  in  the  name 
of  any  officer  thereof  in  his  official  capacity,  shall  be  as  fol- 
lows : 

First — The  clerk's  fees  in  full  for  all  services  rendered  by 
him  shall  be  the  sura  of  six  dollars  ($6). 

Second — The  bailiff's  fees  shall  be  the  same  as  those  which 
•,^  may  now  or  hereafter  be  fixed  by  law  for  the  sheriff  in  coun- 
'^    ties  of  the  third  class  for  similar  services. 

v^^         All  moneys  collected  upon  judgments  of  the  municipal  court 

^     in  cases  for  the  violation  of  the  ordinances  of  the  city  of  Chi- 

S.  '^     cago  shall  be  paid  to  the  clerk,  who  shall  pay  over  the  same  to 

the  city  of  Chicago,  within  one  week  after  receiving  the  same. 

Section   59.     That  the   clerk   and   each   deputy  clerk   shall 

collect   for   the   acknowledgment   and   entering  of   memoranda 

of   chattel   mortgages   and    for   the    acknowledgment    of    other 

written  instruments  the  same  fees  allowed  by  law  to  justices 

of  the  peace  for  similar  services  and  the  fees  so  collected  and 

all  costs  collected  in  each  week  by  the  clerk  and  bailiff  shall 

be  paid  over  by  them  respectively  to  the  city  of  Chicago  on 

the  Monday  of  the  succeeding  week,  and  the  clerk  and  bailiff 

shall  be  held  personally  responsible  for  all  costs  required  to  be 

paid  to  them  in  advance  as  hereinbefore  provided,  and  the  clerk 

,^    shall  be  pei*sonally  responsible  for  all  fees  required  as  afore- 

^    said    to    be    collected    hy    him    and    by    each    deputy    clerk. 

T    The  clerk  and  the  bailiff  shall  be  required  to  keep  complete 

?v    and  accurate  accounts  of  all  moneys  collected  by  them  and  by 

^   their  respective  deputies,   and  such  accounts  shall,  under  the 

>^    direction  of  the  chief  justice  of  said  municipal  court,  be  exam- 

^A    ined  and  audited  monthly,  the  expense  thereof  to  be  paid  by 

^    the  city. 

Section  60.     That  the  offices  of  justices  of  the  peace,  police 

magistrates  and  constables  in  and  for  the  territory  within  the 

"v,  city  of  Chicago  be  and  they  are  hereby  abolished,  and  that  the 

,i^  jurisdiction  of  justices   of  the   peace  in  the  territory   of  the 


''■^ 


I 


THE  MUNICIPAL   COURT  ACT.  37 


'^^-countj^  of  Cook  outside  of  the  city  of  Chicago  be  and  it  is 

hereb}^  limited  to  the  territory  of  said  count}''  outside  of  said 

eity,  but  this  section  of  this  act  shall  not  become  operative  until 

^  the  first  Monday  of  December,  A.  D,  1906^  and  on  and  after 

^  said  date  the  jurisdiction  hereby  conferred  upon  the  municipal 

£^  court  shall  exclude  the  exercise  of  any  portion  of  such  juris- 

V  diction  by  all  other  courts  excepting  courts  of  record,  and  on 

J  and  after  said  first  Monday  of  December,  A.  D.  1906,  no  other 

V   court  than  a  court  of  record  shall  exercise  jurisdiction  in  any 

^   case  in  which  said  municipal  court  is  given  jurisdiction  by 

this  act. 


Section  61.     That  when  the  offices  of  justices  of  the  peace 
within  the  city  of  Chicago  shall  be  abolished  the  docket  of  each 
justice  of  the  peace  whose  office  is  thus  abolished  and  all  papers 
in  his  possession  pertaining  to  proceedings  had  before  him  shall 
be  forthwith  delivered  up  to  the  clerk  of  the  municipal  court, 
who  shall  preserve  the  same  in  his  office  kept  in  the  first  dis- 
trict and  who  shall  have  full  power  and  authority  to  certify 
to  transcripts  of  such  proceedings  as  such  justice  of  the  peace 
would  have  had,  had  the  office  not  been  abolished.     Executions 
-vmay  be  issued  by  the  clerk  of  said  court  upon  any  unsatisfied 
judgments  rendered  by  such  justice  of  the  peace  in  all  cases 
"'^n  which  the  same  might  have  been  issued  had  such  office  of 
"^justice  of  the  peace  not  been  abolished,   and  said  municipal 
court  shall  allow  an  appeal  to  the  circuit  or  superior  court  of 
J  Cook  county  from  any  judgment  rendered  by  any  justice  of 
Hhe  peace  within  twenty  (20)  days  prior  to  the  first  IMonday  of 
; December,  A.   D.   1906,  upon  the  giving  by  the  appellant  of 
j^an  appeal  bond  with  security  as  now  required  by  law  in  eases 
J  of  appeals  from  justices  of  the  peace,  provided  such  appeal  is 
w  prayed  for  at  any  time  within  twenty  (20)  days  after  the  first 
^  Monday  of  December,  A.  D.  1906.    In  all  cases  not  determined 
or  finally  disposed  of  by  such  justice  of  the  peace  at  the  time 
his  office  is  abolished,  such  proceedings  shall  be  had  in  said 
municipal   court  as  might  be  had  were  such  suits  originally 
brought  in  said  court,  but  no  trial  of  any  such  case  shall  be 
had  in  said  court  without  such  notice  to  the  parties  thereto 
as  the  court  may  deem  necessary.     AH  writs  issued  by  justices 
of  the  peace  within  the  city  of  Chicago  and  which  shall  not 


38  PRACTICE    IN    TUK    MUNICIPAL    COURT. 

have  been  returned  on  the  first  Monday  of  December,  A.  D. 
190G,  shall  be  forthwith  returned  to  the  municipal  court,  and 
said  municipal  court  shall  have  full  power  to  make  such  pro- 
vision for  the  execution  or  other  disposition  of  all  such  writs 
as  said  court  may  deem  proper  for  the  protection  of  the  rights 
of  the  respective  parties  to  the  suits  in  which  such  writs  have 
been  issued. 

Section  62.  That  it  shall  be  the  duty  of  the  chief  justice 
of  the  municipal  court  to  superintend  the  keeping  of  the  rec- 
ords of  said  court  and  to  prescribe  abbreviated  forms  of  en- 
tries of  orders  therein,  which  abbreviated  forms  so  prescribed 
shall  have  the  same  force  and  effect  as  if  said  orders  were 
entered  in  full  in  the  records  of  said  court.  When  any  certi- 
fied transcript  of  the  record,  or  of  any  portion  thereof,  of 
any  suit  or  proceeding  in  said  court  is  required,  the  same  shall 
be  written  out  in  full  from  such  abbreviated  forms  and  duly 
authenticated  according  to  law. 

Section  63.  That  the  orders,  judgments,  and  decrees  of  the 
municipal  court  in  cases  of  the  first  class  and  cases  of  the  sec- 
ond class  shall  have  the  same  force,  be  of  the  same  effect,  be 
liens  upon  real  estate  in  the  city  of  Chicago  to  the  same  extent 
and  under  the  same  circumstances^  and  be  executed  and  en- 
forced in  the  same  manner  as  the  judgments,  orders  and  de- 
crees of  the  circuit  court  of  Cook  county,  and  such  judgments 
and  decrees  shall  also  be  liens  upon  real  estate  in  the  countj'"  of 
Cook  outside  of  the  city  of  Chicago  after  certified  transcripts 
of  the  same  shall  have  been  filed  in  the  office  of  the  recorder  of 
Cook  county,  which  transcripts  shall  contain  the  names  of  the 
parties  to  the  suits,  the  kinds  of  actions,  the  amounts  of  the 
judgments  or  the  general  nature  and  effect  of  the  decrees  as 
the  case  may  be,  and  the  dates  on  which  the  judgments  and 
decrees  were  rendered;  provided,  Jiowever,  that  no  such  orders, 
judgments  or  decrees  shall  be  liens  upon  or  affect  registered 
land  or  any  estate  or  interest  therein  until  a  certificate  under 
the  hand  and  official  seal  of  the  clerk  of  the  municipal  court, 
stating  the  date  and  purport  of  the  judgment,  decree  or  order, 
is  filed  in  the  office  of  the  register  of  titles  of  said  Cook  county, 
and  a  memorial  of  the  same  is  entered  upon  the  register  of  the 
last  certificate  of  title  to  be  affected. 


THE  MUNICIPAL  COURT  ACT.  39 

Section  64.  That  all  other  judgments  of  the  municipal  court 
shall  have  the  same  force,  be  of  the  same  effect  and  be  executed 
and  enforced  in  the  same  manner  as  the  judgments  of  the  cir- 
cuit court  of  Cook  county.  But  no  such  judgment  shall  be  a 
lien  upon  the  real  estate  of  the  person  against  whom  it  is  ob- 
tained, excepting  from  the  time  of  the  filing  of  a  certified  trans- 
cript thereof  in  the  office  of  the  recorder  of  Cook  county,  which 
transcript  shall  contain  the  names  of  the  parties  to  the  suit, 
the  kind  of  action,  the  amount  of  the  judgment  and  the  date 
upon  which  the  same  was  rendered,  provided,  however,  that  no 
such  judgment  shall  be  a  lien  upon  or  affect  registered  land  or 
any  estate  or  interest  therein  until  a  certified  transcript  thereof 
is  filed  in  the  office  of  the  register  of  titles  of  Cook  county  and 
a  memorial  of  the  same  is  entered  upon  the  register  of  the  last 
certificate  of  title  to  be  affected.  The  recorder  of  Cook  county 
shall  provide  and  keep  in  his  office  for  said  municipal  court  well 
bound  books  for  entering  therein  an  alphabetical  docket  of  all 
judgments  and  decrees  rendered  in  said  municipal  court  as  is 
now  required  by  law  for  docketing  judgments  and  decrees  ren- 
dered in  circuit  courts,  and  shall  forthwith,  after  the  filing 
of  any  transcript  herein  provided  for,  enter  the  same,  together 
with  the  hour,  day,  month  and  year  of  the  filing  of  such  certi- 
fied transcript  and  the  general  number  thereof. 

Section  65,  That  in  case  it  shall  be  hereafter  determined 
that  so  much  of  sections  nine  (9)  and  twelve  (12)  hereof  as 
fixes  the  terms  of  office  of  the  chief  justice  and  associate  judges 
of  the  municipal  court  is  invalid,  this  act  shall  not  on  that 
account  be  adjudged  wholly  invalid,  but  the  terms  of  office  of 
the  chief  justice  and  associate  judges  of  said  municipal  court 
shall  in  such  case  be  four  (4)  years,  and  they  shall  hold  theii- 
offices  until  their  successors  shall  be  elected  and  qualified,  and 
on  the  first  Tuesday  after  the  first  Monday  of  November,  A.  D. 
1910,  and  on  the  first  Tuesday  after  the  first  Monday  of  No- 
vember of  every  fourth  year  thereafter  there  shall  be  elected  a 
chief  justice  and  twenty-seven  (27)  associate  judges  of  said 
municipal  court  as  successors  in  office  of  the  judges  hereby 
required  to  be  elected  on  the  first  Tuesday  after  the  first  Mon- 
day of  November,  A.  D.  1906,  and  the  terms  of  office  of  the 
associate  judges  which  may  be  added  to  said  municipal  court 


40 


PRACTICE    IN    THE   MUNICIPAL    COURT. 


ill  pursuance  of  section  twelve   (12)   hereof  shall  be  four  (4) 
years. 

Section  66.  That  the  invalidity  of  any  portion  of  this  act 
shall  not  affect  the  validity  of  any  other  portion  thereof,  which 
can  be  criven  effect  without  such  invalid  part. 

Section  67.  That  this  act  shall  be  submitted  to  a  vote  of  the 
legal  voters  of  the  city  of  Chicago  at  the  general  election  to 
be  held  on  the  first  Tuesday  after  the  first  Monday  of  .Novem- 
ber, A.  D.  1905.  The  ballots  to  be  used  at  said  election  in 
voting  upon  this  act  shall  be  in  substantially  the  following 
form: 


For  consenting  to  the  act  entitled  "An  act  in 
relation  to  a  Municipal  Court  in  the  city  of  Chi- 


cago. 


Against  consenting  to  the  act  entitled  "An  act 
in  relation  to  a  Municipal  Court  in  the  city  of 
Chicago. ' ' 


If  a  majority  of  the  legal  voters  of  safld  city  voting  on  the 
question  at  such  election  shall  vote  in  favor  of  consenting  to 
this  act,  the  same  shall  immediately  thereupon  take  effect  and 
become  operative. 


CHAPTER  n. 

HISTORY  OF  THE  FRAMING  AND  PASSAGE  OF  THE 
MUNICIPAL  COURT  ACT. 

Shortly  after  the  adoption  by  the  people  of  the  constitu- 
tional amendment  of  1904,  which  now  constitutes  section  34 
of  Article  IV  of  the  constitution  of  1870,  the  Chicago  New 
Charter  Convention,  through  its  executive  committee  selected 
Messrs.  John  P.  Wilson,  Murray  F.  Tuley,  Carter  H.  Harrison, 
John  S.  Miller,  Bernard  A.  Eckhart  and  Bernard  E.  Sunny  as 
a  committee,  Mr,  John  P.  Wilson  being  its  chairman,  to  draft 
a  bill  to  be  introduced  into  the  General  Assembly  for  the  crea- 
tion of  municipal  courts  in  and  for  the  city  of  Chicago.  The 
committee  employed  the  author  of  this  book  to  assist  them. 
The  work  was  entered  upon  about  December  10,  1904,  and  was 
actively  participated  in  by  all  of  the  members  of  the  committee. 
About  January  20,  1905,  the  committee,  after  a  number  of  con- 
ferences and  discussions,  at  which  the  matter  was  given  care- 
ful consideration,  agreed  upon  a  bill  for  an  act  to  be  entitled 
"An  Act  in  relation  to  municipal  courts  in  the  city  of  Chi- 
cago. ' ' 

By  this  bill  there  were  provided  one  municipal  court  desig- 
nated the  common  pleas  court  and  five  additional  municipal 
courts  designated  city  courts.  The  common  pleas  court  was  to 
be  given  jurisdiction  in  all  civil  and  criminal  cases  and  proceed- 
ings of  every  kind  and  character  other  than  suits  in  equity,  and 
of  all  such  suits  in  equity  as  might  be  transferred  to  it  by 
change  of  venue  or  otherwise  by  the  circuit  court  of  Cook 
county  or  by  the  superior  court  of  Cook  county  for  trial  and 
disposition.  The  city  courts  were  to  be  given  jurisdiction  of  the 
class  of  cases  of  which  justices  of  the  peace  now  have  juris- 
diction when  the  amount  sought  to  be  recovered,  whether  by 
way  of  damages,  penalty,  fine  or  otherwise,  if  the  suit  or  pro- 
ceeding were  brought  for  the  recovery  of  money  only,  or  the 
value  of  the  personal  property  claimed,  if  the  suit  or  proceed- 
ing Avere  brought  for  the  recovery  of  personal  property,  did  not 
exceed  five  hundred  dollars,  and  also  of  all  other  suits  at  law 

41 


42  PRACTICE    IN    THE    MUNICIPAL.   COURT. 

for  the  recovery  of  money  only  when  the  amount  claimed  did 
not  exceed  five  hundred  dollars.  The  provisions  regulating  the 
practice  in  the  common  pleas  court  were  similar,  in  their  most 
essential  features,  to  those  regulating  the  practice  in  cases  of 
the  first,  second  and  third  classes,  and  those  regulating  the  prac- 
tice in  cases  of  the  fourth  and  fifth  classes,  in  the  act  finally 
adopted. 

On  January  24,  1905,  this  bill  was  introduced  into  the  Senate 
as  Senate  Bill  No.  45,  and  into  the  House  as  House  Bill  No.  98. 
Printed  copies  of  the  bill  were  distributed  among  the  members 
of  the  Chicago  bar  with  the  result  that  great  interest  in  the 
measure  was  aroused.  Its  provisions  became  the  subject  of 
extended  discussion,  and  very  decided  opposition  to  its  passage 
was  developed.  Shortly  thereafter  sixty-eight  members  of  the 
Chicago  bar,  together  with  four  Cook  county  judges,  having 
organized  for  the  purpose  of  studying  and,  if  necessary,  draft- 
ing amendments  to  it,  prepared  an  amended  bill  entitled  **A 
Bill  for  an  act  in  relation  to  a  municipal  court  in  the  city  of 
Chicago,"  which  bill  at  their  request  was  introduced  into  the 
House  on  February  17,  1905,  as  House  Bill  No.  281.  This  bill 
differed  from  Senate  Bill  No.  45  and  House  Bill  No.  98  in  that 
it  omitted  all  the  provisions  of  the  former  in  relation  to  the 
common  pleas  court,  and  limited  the  jurisdiction  of  the  munic- 
ipal court,  which  it  provided  for  and  designated  the  city  court, 
to  all  those  classes  of  suits  and  proceedings,  whether  civil  or 
criminal,  of  which  justices  of  the  peace  were  given  jurisdic- 
tion by  law,  when  the  amount  sought  to  be  recovered,  whether 
by  way  of  damages,  penalty,  fine  or  otherwise,  if  the  suit  or 
proceeding  were  for  the  recovery  of  money  only,  or  the  value 
of  the  personal  property  claimed,  if  the  suit  were  for  the  re- 
covery of  personal  property,  did  not  exceed  five  hundred  dol- 
lars, and  all  criminal  actions  in  which  the  punishment  was  by 
fine,  when  the  fine  provided  for  did  not  exceed  two  hundred 
dollars,  or  by  imprisonment  otherwise  than  in  the  penitentiary 
when  the  imprisonment  provided  for  did  not  exceed  one  year, 
or  both.  Its  provisions  as  to  the  judges,  the  clerk,  the  bailiff 
and  the  deputies  were  similar  to  those  contained  in  Senate  Bill 
No.  45  and  House  Bill  No.  98.  In  respect  to  its  practice  provi- 
sions it  was  radically  different  from  that  bill  in  that  it  provided 
that  the  methods  of  procedure  of  the  city  court  should  be  the 


HISTORY   OF   ACT.  43 

same  as  those  prescribed  by  law  for  justices  of  the  peace,  and 
that  appeals  should  lie  from  its  decisions  to  the  circuit,  superior, 
criminal  and  county  courts,  the  cases  appealed  to  be  tried 
de  novo,  as  is  now  required  with  respect  to  appeals  from  jus- 
tices of  the  peace. 

There  was  also  introduced  in  the   Senate  on  February  21, 

1905,  a  bill  entitled  "A  Bill  for  an  act  in  relation  to  municipal 
courts  in  the  city  of  Chicago,"  as  Senate  Bill  No.  207.  It  dif- 
fered from  Senate  Bill  No.  45  and  House  Bill  No.  98  in  the 
following  particulars:  First,  it  omitted  all  the  provisions  of 
the  latter  relating  to  the  common  pleas  court,  and  provided 
only  for  municipal  courts  with  the  jurisdiction  proposed  to  be 
conferred  upon  the  city  courts  by  that  act.  Second,  it  fixed  the 
salary  of  the  chief  justice  at  four  thousand  five  hundred  dol- 
lars per  annum,  and  the  salary  of  an  associate  judge  at  four 
thousand  dollars  per  annum.  Third,  it  fixed  the  terms  of  office 
of  the  judges  at  four  years  and  provided  for  their  election  on 
the  fii*st  Tuesday  of  April,  1904,  and  every  four  years  there- 
after. Fourth,  it  provided  that  the  clerk  and  the  bailiff  should 
be  elective  officers,  and  that  their  salaries  should  be  four  thou- 
sand dollars  per  annum.  In  all  other  essential  particulars  Sen- 
ate Bill  No.  207  was  substantially  like  Senate  Bill  No.  45  and 
House  Bill  No.  98. 

The  House  Committee  on  Chicago  Charter  to  whom  was  re- 
ferred House  Bill  No.  98,  after  a  careful  consideration  of  its 
provisions,  reported  to  the  House  on  March  3,  1905,  as  House 
Bill  No.  422,  a  committee  biU  entitled  "A  Bill  for  an  act  in 
relation  to  municipal  courts  in  the  city  of  Chicago."  This  bill 
differed  from  Senate  Bill  No.  45  and  House  Bill  No.  98  in 
several  particulars.  It  limited  the  original  criminal  jurisdic- 
tion of  the  common  pleas  court  to  misdemeanors.  It  provided 
that  the  judges  should  be  elected  on  the  first  Tuesday  of  April, 

1906,  the  chief  justice  for  six  years  and  the  associate  judges, 
one-third  for  two  years,  one-third  for  four  years  and  one-third 
for  six  years,  and  that  an  election  for  eight  associate  judges 
should  be  held  every  two  years  thereafter,  and  for  a  chief  jus- 
tice every  six  years  thereafter;  and  that  the  clerk  and  the 
bailiff  should  be  elected  instead  of  appointed.  It  omitted  the 
provision  for  a  grand  jury.  It  also  made  some  changes  in  the 
practice  provisions.     In  all  of  its  important  features,  however, 


44  PRACTICE   IN   THE   MUNICIPAL   COURT. 

it  was  essentially  the  same  as  the  first  bill.  The  House  passed 
House  Bill  No.  422  substantially  as  it  was  reported  by  the  com- 
mittee. 

In  the  Senate  opposition  developed  to  that  feature  of  House 
Bill  No.  422  wliieh  provided  for  a  common  pleas  court.  To  meet 
the  objections  thus  raised,  the  author,  at  the  request  and  under 
the  direction  of  the  members  of  the  Senate  Committee  on  Chi- 
cago Charter,  prepared  a  draft  of  a  new  bill  which  omitted 
the  provision  for  a  common  pleas  court  and  was,  in  the  main, 
the  bill  finally  adopted.  The  purpose  of  the  Senate  Commit- 
tee was  to  frame  a  bill  which,  though  different  in  form  from, 
should  preserve  the  practice  provisions  of  House  Bill  No.  422. 
To  avoid  the  danger  of  overcrowding  the  court  with  business 
the  direct  original  jurisdiction  of  the  court  was  decreased  by 
omitting  therefrom  all  actions  of  ejectment,  and  actions  for 
injuries  to  the  person  and  qui  tarn  actions  invohdng  over  one 
thousand  dollars.  To  compensate  for  this,  however,  the  class 
of  cases  which  were  to  be  tried  without  pleadings  was  enlarged 
so  as  to  include  all  cases  at  law  where  the  amount  claimed  did 
not  exceed  one  thousand  dollars.  When  House  Bill  No.  422 
reached  the  Senate  it  was  amended  so  as  to  make  its  provisions 
conform  to  those  of  the  new  bill  thus  drafted  and  was  passed 
as  amended.  The  House  voted  non-concurrence  ih  the  amend- 
ments and,  the  Senate  having  refased  to  recede,  a  conference 
committee  was  appointed  and  its  report,  which  recommended 
some  changes  in  the  Senate  amendments,  was  adopted. 

At  the  general  election  held  in  November,  1905,  the  act  was 
consented  to  by  a  majority  of  the  legal  voters  of  the  City  of 
Chicago  voting  on  the  question,  the  vote  being  99,092  for  and 
18,335  against  it,  and  on  the  15tli  of  February,  1906,  it  was 
declared  constitutional  by  the  Supreme  Court  in  its  decision  in 
the  case  of  City  of  Chicago  v.  Reeves,  220  111.  274. 

For  the  purposes  of  reference  and  as  an  aid  to  an  under- 
standing of  the  history  and  meaning  of  the  act,  the  following 
are  given  in  the  appendix  hereto: 

1.  Senate  Bill  No.  45  and  House  Bill  No.  98. 

2.  House  Bill  No.  422. 

3.  House  Bill  No.  281,  with  the  address  of  its  advocates  pre- 
fixed thereto. 

4.  House  Bill  No.  422  as  amended  by  the  Senate. 


CHAPTER  III. 
CONSTITUTIONAL  QUESTIONS  IN  GENERAL. 

In  City  of  Chicago  v.  Reeves,  220  111.  274,  which  involved  the 
constitutionality  of  the  Municipal  Court  Act,  the  court,  after 
discussing  at  length  the  constitutional  amendment  of  1904,  said : 

"We  therefore  conclude  that  the  amendment  of  1904  is  valid, 
and  that  the  provisions  of  the  constitution,  in  force  prior  to 
its  adoption,  which  are  in  conflict  with  said  amendment  must 
give  way  before  the  amendment. 

"The  Municipal  Court  Act,  hereinbefore  referred  to,  consists 
of  sixty-seven  sections,  and  creates  in  and  for  the  city  of  Chi- 
cfigo  a  court  of  record  known  as  the  'Municipal  Court  of  Chi- 
cago.' The  city  is  divided  into  five  districts,  and  the  election 
of  a  chief  justice  and  twenty-seven  associate  justices,  who  are 
to  hold  their  offices,  respectively,  for  the  period  of  six  years, 
is  provided  for.  A  clerk  and  bailiff  are  to  be  elected  and  dep- 
uty clerks  and  bailiffs  appointed,  and  the  jurisdiction  and  prac- 
tice of  the  court  are  established  and  regulated.  Many  of  the 
provisions  found  in  the  act,  especiallj''  those  relating  to  prac- 
tice, are  new  in  this  State,  and  while  the  constitutionality  of 
a  number  of  the  provisions  of  the  act  have  been  called  in  ques- 
tion in  the  briefs  filed,  but  little,  if  anytliing,  was  said  with 
reference  thereto  upon  the  oral  argument — which  argument 
was  participated  in  by  able  counsel  and  extended  beyond  the 
time  prescribed  by  rule  of  court — it  being  substantially  con- 
ceded upon  such  argument  that  the  controlling  question  in  the 
case  was,  is  the  amendment  of  1904  a  valid  amendment?  We 
have  examined  the  Municipal  Court  Act  with  care  and  carefully 
considered  all  that  has  been  presented  in  the  briefs  by  counsel, 
and  have  reached  the  conclusion  that  if  the  amendment  of  1904, 
in  pursuance  of  which  the  act  was  passed,  is  a  valid  constitu- 
tional amendment,  as  we  are  of  the  opinion  it  is,  said  act,  in  its 
mam  features,  is  a  valid  enactment,  and  that  in  no  event  would 
we  be  justified  in  holding  it,  as  a  whole,  unconstitutional.  While 
there  may  be  some  of  its  features  which  eventually  may  be 

45 


46  PRACTICE   IN   THE   MUNICIPAL   COURT. 

found  to  be  unconstitutional,  we  think  it  is  better  to  consider 
those  questions  as  they  arise  in  due  course  of  business,  and  to 
decide  them  upon  fuller  argument  than  has  been  presented  in 
the  briefs  filed  in  this  case." 

Those  who  opposed  the  passage  of  the  Municipal  Court  Act 
and  who  are  still  anxious  to  accomplish  its  nullification,  so  far 
as  possible,  are  filled  with  great  hope  by  the  circum.stance  that 
the  court  in  its  opinion  limited  itself  to  holding  the  act  valid 
in  its  main  features  and  left  open  for  future  consideration  the 
validity  of  those  single  provisions  of  it  which  were  not  essen- 
tial to  its  being  held  as  a  whole  a  valid  enactment.  In  view  of 
the  attacks  which  are  contemplated  against  the  act,  it  is  deemed 
expedient  to  present  such  suggestions  as  may  be  pertinent  re- 
specting those  provisions,  the  constitutionality  of  which  has 
been  challenged. 

It  will  be  observed  that  the  court  in  its  opinion  above  quoted 
declares  ' '  that  the  amendment  of  1904  is  valid,  and  that  the  pro- 
visions of  the  constitution,  in  force  prior  to  its  adoption,  which 
are  in  conflict  Avith  said  amendment,  must  give  way  before  the 
amendment."  Not  onl}-  is  this  amendment  valid  as  a  whole, 
but  it  is  valid  in  each  and  every  one  of  its  provisions,  for  other- 
wise it  could  not  have  been  sustained.  In  holding  that  the 
provisions  of  the  constitution  in  force  prior  to  the  adoption  of 
the  amendment  must  j'ield  to  those  of  the  latter,  the  court 
affirmed  its  previous  rulings  in  Moore  v.  I'eople,  106  111.  376 ; 
Huston  v.  Clark,  112  111.  344;  Village  of  Hyde  Park  v.  Spen- 
cer, 118  111.  446,  and  Wabash  Railway  Co.  v.  Coofi  Run  Drain- 
age d'  Levee  District,  194  111.  310,  in  which  the  court  had  de- 
clared that  the  amendment  of  section  31  of  article  TV,  so  far 
as  it  invaded  the  former  limitations  of  the  constitution,  must 
prevail  and  that  such  limitations  were  not  applicable  to  the 
subject  matter  of  that  amendment.  The  constitutional  amend- 
ment, as  to  the  mattei's  embraced  in  it,  is,  then,  the  supreme 
law. 

It  is  important,  therefore,  to  consider  what  are  the  provisions 
of  the  constitutional  amendment  of  1904,  so  far  as  they  may 
liave  any  bearing  upon  the  validity  of  the  Municipal  Court  Act. 
Those  provisions  are  as  follows: 

"The  General  Assembly  shall  have  power,  subject  to  the  con- 
ditions and  limitations  hereinafter  contained  to  pass  any  law 


CONSTITUTIONAL    QUESTIONS.  47 

(local,  special  or  general )  providing  a  scheme  or  charter  of 
local  municipal  government  for  the  territory  now  or  hereafter 
embraced  within  the  limits  of  the  city  of  Chicago.  ...  In 
case  the  General  Assembly  shall  create  municipal  courts  in  the 
city  of  Chicago  it  may  abolish  the  offices  of  justices  of  the 
peace,  police  magistrates  and  constables  in  and  for  the  terri- 
tory within  said  city  and  may  limit  the  jurisdiction  of  justices 
of  the  peace  in  tlie  territory  of  said  county  of  Cook  outside  of 
said  city  to  that  territory,  and  in  such  case  the  jurisdiction  and 
practice  of  said  municipal  courts  shall  be  such  as  the  General 
Assembly  shall  prescribe;  and  the  General  Assembly  may  pass 
all  laws  which  it  may  deem  requisite  to  effectually  provide  a 
complete  system  of  local  municipal  government  in  and  for  the 
city  of  Chicago.  No  law  based  upon  this  amendment  to  the 
constitution,  affecting  the  municipal  government  of  the  city  of 
Chicago,  shall  take  effect  until  such  law  shall  be  consented  to 
by  a  majority  of  the  legal  voters  of  said  city  voting  on  the 
question,  at  any  election,  general,  municipal  or  special." 

It  will  be  perceived  that  the  language  quoted  is  such  as  to 
confer  upon  the  General  Assembly  unlimited  and  uncontrol- 
lable power  not  only  with  respect  to  special  legislation  pertain- 
ing to  the  jurisdiction  and  practice  of  the  municipal  courts, 
but  also  with  respect  to  all  other  laws  which  it  may  pass  per- 
taining to  the  local  municipal  government  of  Chicago.  While 
it  is  no  doubt  a  judicial  question  whether  a  given  provision  of 
a  legislative  act  properly  pertains  to  the  jurisdiction  and  prac- 
tice of  the  municipal  courts,  or  whether  a  given  act  falls  within 
the  proper  sphere  of  a  municipal  government  act,  that  is  the 
limit  of  the  power  of  the  judicial  department  of  the  govem- 
7nent,  under  the  terms  of  this  amendment,  with  respect  to  the 
<luestion  whether  special  legislation  is  permissible  in  matters 
pertaining  to  the  city  of  Chicago. 

Whether  the  jurisdiction  conferred  on  the  municipal  court 
is  more  extensive  than  it  should  be,  or  whether  the  practice 
prescribed  is  suitable,  or,  in  the  case  of  a  local  municipal  gov- 
ernment act  not  pertaining  to  the  municipal  courts,  whether  it 
is  one  which  is  requisite  to  effectually  provide  a  complete  sys- 
tem of  local  municipal  government  for  Chicago,  is  i)urely  a 
legislative  question  with  which  the  courts  have  nothing  to  do. 

It  is  plain  that    the    courts  in    pas.sing    upon    the    validity 


48  PRACTICE    IN    THE    MUNICIPAL    COURT. 

of  statutory  provisions  pertaining  to  the  jurisdiction  and  prac- 
tice of  the  municipal  court  cannot  take  cognizance  of  other 
provisions  of  the  constitution  which  were  in  full  force  and 
effect  and  supreme  prior  to  the  adoption  of  the  amendment, 
and  which  prohibit  special  legislation  with  respect  to  those 
matters.  This  follows  because  the  court  has,  in  the  case  above 
cited,  declared  that  the  amendment,  being  the  latest  declaration 
of  the  people,  abrogates  all  previous  pro%asions  on  the  same  sub- 
ject in  conflict  with  it,  and  that,  by  its  terms,  "the  uniformity 
in  jurisdiction  and  practice  in  courts  of  the  same  grade,  pro- 
vided for  by  section  29  of  article  6,  is  abrogated  as  to  the  city  of 
Chicago."  If,  then,  a  provision  of  the  municipal  court  act  does 
not  conflict  with  any  other  constitutional  provision  than  one 
prohibiting  special  legislation,  it  must  be  sustained  as  valid. 

"The  power  to  hear  and  determine  a  cause  is  jurisdiction." 
"The  mode  and  order  of  procedure  in  obtaining  compensation 
for  an  injury  by  action  or  suit  in  the  legally  established  courts, 
from  the  inception  of  such  suit  until  it  ends  in  the  final 
determination  of  the  court  of  last  resort,  is  all  comprehended  in 
the  term  'practice.'  "  Fleischnuin  v.  Walker,  91  111.,  318. 
When,  therefore,  the  constitutional  amendment  of  1904,  to 
which  all  other  provisions  of  the  constitution  on  the  same  sub- 
ject must  yield,  declares  that  "the  jurisdiction  and  practice  of 
said  municipal  courts  shall  be  such  as  the  General  Assembly 
shall  prescribe,"  it  declares  that  those  courts  shall  have  what- 
ever power,  whether  limited  or  unlimited,  with  respect  to  the 
determination  of  controversies  between  litigants  the  General 
Assembly  may  see  fit  to  invest  in  them,  and  that  the  General 
Assembly,  with  respect  to  the  causes  of  which  it  may  give  the 
municipal  courts  jurisdiction,  may  prescribe  any  mode  and 
order  of  procedure,  from  the  inception  of  such  suits  until  they 
end  in  final  determinations  in  the  court  of  last  resort,  that 
the  General  Assembly  shall  deem  proper. 

No  doubt  learned  and  able  lawyers  will  be  found  earnestly 
contending  that  the  exercise  by  the  General  Assembly  of  the 
unlimited  power  thus  conferred  would  be  extremely  dangerous 
and  might  be  productive  of  great  injury  to  the  rights  of  liti- 
gants. Upon  this  they  wnll  found  the  argument  that  the  people 
when  they  adopted  the  constitutional  amendment  did  not  mean 
what  they  have  plainly  said,  and  that  therefore  it  is  the  duty 


CONSTITUTIONAL    QUESTIONS.  49 

of  the  courts  to  so  limit  the  meaning  and  effect  of  the  words 
employed  as  to  remove  all  possibility  of  the  evils  which  it  is 
suggested  might  otherwise  arise.  That  the  courts  will  yield  to 
arguments  of  this  character  made  by  those  who  seek  to  destroy 
the  effect  of  the  constitutional  amendment  is  scarcely  to  be 
anticipated.  Rather,  it  is  to  be  assumed  that  the  courts  will 
declare  that  the  people  in  adopting  the  constitutional  amend- 
ment intended  it  should  mean  precisely  what  its  words  naturally 
import,  and  that  it  should  be  for  the  General  Assembly,  with 
the  consent  of  the  legal  voters  of  the  city  of  Chicago,  to  deter- 
mine absolutely  and  finally,  and  without  interference  from  the 
judicial  department  of  the  government,  the  powers  which  the 
municipal  courts  created  in  and  for  the  city  of  Chicago  should 
exercise  in  the  determination  of  causeSj  and  the  mode  and  order 
of  procedure  which  should  be  adopted  by  those  courts  in  the 
exercise  of  the  jurisdiction  thus  conferred. 


CHAPTER  IV. 

CONSTITUTIONALITY   OP   JURISDICTIONAL   PRO- 
VISIONS. 

The  jurisdictional  provisions,  the  validity  of  which  are  chal- 
lenged are  first,  those  authorizing  the  municipal  court,  in  a  case 
of  the  first  class,  to  issue  a  summons  for  a  defendant  residing 
outside  of  the  city  of  Chicago  and  to  entertain  jurisdiction  in 
other  cases,  in  which  the  defendants,  or  some  of  them,  do  not 
reside  and  are  not  found  within  the  city  of  Chicago.  Second, 
those  authorizing  a  transfer  of  causes  to  the  municipal  court 
from  the  circuit  and  superior  courts  of  Cook  county,  and  third, 
those  pertaining  to  the  jurisdiction  in  criminal  cases. 

First.  The  provisicnis  authorizing  the  municipal  court  in  a 
case  of  the  first  class  to  issue  a  summons  for  a  defendant  resid- 
ing outside  of  the  city  of  Chicago. 

By  paragraph  sixth  of  section  28  of  the  act  provision  is  made 
that  in  cases  of  the  first  class,  where  there  are  several  defend- 
ants and  one  of  them  resides  or  is  found  in  the  city  of  Chica- 
go, a  summons  may  be  issued  to  the  sheriff  of  Cook  county  for 
any  defendant  residing  in  said  county,  but  outside  the  city  of 
Chicago,  or  to  the  sheriff  of  any  other  county  for  any  defendant 
residing  in  such  county.  This  provision,  together  with  para- 
graph second  of  section  2  authorizing  transfers  of  cases  by 
change  of  venue  or  otherwise,  from  the  circuit,  superior  and 
criminal  courts  of  Cook  county,  permits  the  municipal  court  to 
entertain  jurisdiction  in  eases  in  which  the  defendants,  or 
some  of  them,  do  not  reside,  and  are  not  found,  within  the  terri- 
torial limits  of  the  city  in  which  the  court  is  organized.  The 
question  has  been  raised  whether  these  provisions  are  constitu- 
tional. 

The  word  "municipal"  is  defined  in  the  Century  Dictionary 
as  "of  or  pertaining  to  the  local  self-government  or  corporate 
<':overnment  of  a  city  or  town,"  and  in  the  same  work  the  term 
"municipal  court"  is  defined  as  "a    court    whose    territorial 

50 


JURISDICTIONAL   PROVISIONS.  51 

limits  of  jurisdiction  are  conterminous  with  those  of  a  muni- 
cipal corporation,  and  having  civil  or  criminal  jurisdiction,  or 
both."  It  may,  then,  be  urged,  with  some  force,  that  the  term 
"municipal  courts,"  as  used  in  the  constitutional  amendment, 
means  courts  whose  territorial  limits  of  jurisdiction  are  the 
territorial  limits  of  the  city,  and  that,  therefore,  the  legislature 
cannot  confer  upon  them  jurisdiction  over  persons  or  prop- 
erty beyond  the  city  limits,  though  the  definition  above  men- 
tioned may  have  been  adopted  because  the  jurisdiction  of  mu- 
nicipal courts  usually  has  been,  and  not  because  it  was  essential 
it  should  be,  limited  to  the  territories  of  the  cities  in  and  for 
which  they  were  created. 

By  section  1  of  Article  V  of  the  constitution  of  1848  it  was 
declared  as  follows:  "The  judicial  power  of  this  state  shall  be 
and  is  hereby  vested  in  one  supreme  court,  in  circuit  courts,  in 
county  courts,  and  in  justices  of  the  peace:  Provided,  that 
inferior  local  courts,  of  civil  and  criminal  jurisdiction,  may  be 
established  by  the  General  Assembly  in  the  cities  of  this  state, 
but  such  courts  shall  have  a  uniform  organization  and  juris- 
diction in  such  cities." 

This  provision  has  been  uniformly  construed  by  the  supreme 
court  as  prohibiting  the  General  Assembly  from  conferring 
upon  city  courts  power  to  obtain  jurisdiction  of  a  defendant  by 
service  of  its  process  of  summons  upon  him  beyond  the  limits 
of  the  city.  People  v.  Evans,  18  111.,  362 ;  Covil  v.  Phy,  26  111., 
432;  Holmes  v.  Fihleiiherg,  54  111.,  203;  Dixon  v.  Dixon,  61 
111.,  325;  People  v.  Auditor,  67  111.,  333;  Joslyn  v.  Dickerson,  71 
111.,  25.  There  are,  however,  other  rulings  of  the  court  which 
are  important  to  be  considered  in  this  connection. 

In  People  v.  Barr,  22  111.,  241,  the  court  held  that  in  a  case 
where  a  city  court  had  jurisdiction  to  render  a  judgment  it 
might  issue  its  writ  of  execution  to  enforce  it  to  a  foreign 
county.  The  court  said:  "Designed,  as  these  courts  are,  to 
settle  and  dispose  of  the  litigation  arising  in  the  cities,  they 
would  fall  far  short  of  the  object,  if  a  successful  suitor  in  that 
court  must  stop  on  the  recovery  of  his  judgment.  We  hold 
the  court  having  proceeded  to  judgment  in  a  case  properly 
arising  within  its  jurisdiction,  can  never  be  deprived  of  that 
jurisdiction.  When  jurisdiction  has  once  attached,  it  continues 
n*»cessarily,   and  all  the   powers  requisite  to   give  it  full  and 


52  PRACTICE    IN    THE    JVIUNICIP.VL    COURT. 

complete  effect  can  be  exercised,  until  the  end  of  the  law  shall 
be  attained." 

This  reasoning-  would  seem  to  require  it  to  be  held  that  when 
a  city  court  has  acquired  jurisdiction  over  one  of  several  de- 
fendants, it  may  be  permitted  to  issue  its  process  of  summons 
to  be  served  beyond  the  city  limits  upon  the  other  defendants. 

In  Lowry  v.  Coster,  91  111.,  182,  the  court  held  that  a  cause 
might  be  transferred  by  change  of  venue  from  a  circuit  court 
to  a  city  court  in  another  county.  In  East  St.  Louis  C.  R.  Co. 
V.  Enright,  152  111.,  246,  it  was  held  that  a  cause  might  be 
transferred  by  change  of  venue  from  a  city  court  in  one  city  to 
a  city  court  in  another  city.  In  Held  v.  Morton,  119  111.,  118, 
it  was  held  that  a  city  court  might  be  given  jurisdiction  to 
authorize  a  guardian's  sale  of  land  situated  without  the  city.  In 
Miller  V.  People,  183  111.,  423,  the  court  held  that  a  city  court 
could  lawfully  summon  grand  jurors  from  any  part  of  the 
county  in  which  the  court  was  situated.  It  was  there  argued 
that  as  a  city  court  could  not  be  authorized  to  issue  a  summons 
to  be  served  upon  the  defendant  beyond  the  limits  of  the  city, 
the  same  principle  must  apply  to  the  summoning  of  grand 
jurors.  But  the  court  said:  "But  it  is  said  the  city  court  can- 
not send  its  process  beyond  the  city  limits  to  be  served  on  a 
juror.  Why  not?  It  may  send  a  subpoena  beyond  the  limits 
of  the  city  to  be  served  on  a  witness  to  compel  him  to  appear 
and  testify.  If  this  may  be  done,  why  not  send  for  a  juror  and 
require  his  attendance.  The  sheriif  who  attends  upon  the  ses- 
sions of  the  court  is  authorized  to  serve  proper  papers  in  any 
part  of  the  county,  and  where  a  paper  requiring  the  attendance 
of  a  juror  is  given  him,  we  see  no  reason  why  he  may  not  serve 
it  beyond  the  limits  of  the  city." 

The  city  court  act,  adopted  in  1874,  permitted  judges  of  the 
city  courts  and  judges  of  the  circuit  court  to  interchange  with 
and  hold  court  for  each  other,  and  this  provision  has  been  acted 
upon  for  so  many  yeai's  that  its  validity  cannot  be  doubted.  By 
virtue  of  it  a  judge  of  a  city  court  of  any  city  in  the  state  may 
hold  a  branch  of  the  circuit  court  of  Cook  county  and  there 
preside  at  the  trial  of  any  case  of  which  that  court  has  obtained 
jurisdiction,  whether  the  process  of  summons  has  been  served 
upon  the  defendant  within  or  beyond  the  limits  of  Cook  county. 

By  section  1  of  Article  YT  of  the  constitution  of  1870  it  is 


JURISDICTIONAL   PROVISIONS.  53 

declared  as  follows:  "The  judicial  powers,  except  as  in  this 
article  is  otherwise  provided,  shall  be  vested  in  one  supreme^ 
court,  circuit  courts,  county  courts,  justices  of  the  peace,  and 
in  such  courts  as  may  be  created  by  law  in  and  for  cities  and 
incorporated  towns."  There  is  probably  no  legal  difference,  so 
far  as  the  question  of  limitation  upon  territorial  jurisdiction  is 
concerned,  between  the  phrase  **  inferior  local  courts  .  .  . 
in  the  cities  of  this  state,"  and  the  phrase  "such  courts  as  may 
be  created  by  law  in  and  for  cities."  Miller  v.  People,  183  111., 
423,  supra.  Hence  the  court  may  be  expected  to  hold  that  city 
courts,  created  by  general  law,  cannot  be  given  power  to  acquire 
jurisdiction  by  the  service  of  summons  beyond  the  limits  of 
their  respective  cities. 

But  as  we  have  already  seen,  the  constitutional  amendment 
of  1904  declares  that  "in  case  the  General  Assembly  shall  cre- 
ate municipal  courts  in  the  city  of  Chicago  it  may  abolish  the 
offices  of  justices  of  the  peace,  police  magistrates  and  constables 
in  and  for  the  territory  within  said  city,  and  may  limit  the 
jurisdiction  of  justices  of  the  peace  in  the  territory  of  said 
county  of  Cook  outside  of  said  city  to  that  territory,  and  in 
such  case  the  jurisdiction  and  practice  of  said  municipal  courts 
shall  be  such  as  the  General  Assembly  shall  prescribe."  The 
question  arises  whether  this  last  clause  does  not  confer  upon 
the  General  Assembly  full  power  over  the  question  of  juris- 
diction and  permit  it  to  confer  power  upon  the  municipal 
courts  to  send  their  processes  of  summons  and  cause  them  to 
be  served  beyond  the  city  limits.  Arguments  might  be  pre- 
sented on  both  sides  of  this  question. 

In  Landers  v.  Statcn  Island  R.  B.  Co.,  53  N.  Y.,  450,  the  ques- 
tion arose  whether  under  the  constitution  of  New  York  the  City 
Court  of  Brooklyn  could  be  given  jurisdiction  to  send  its  pro- 
cess beyond  the  limits  of  the  city.  The  constitution  originally 
provided  for  the  establishment  of  "inferior  local  courts  of  civil 
and  criminal  jurisdiction."  Under  this  provision  the  City 
Court  of  Brooklyn  had  been  established  and  its  jurisdiction 
limited  to  persons  residing  or  found  within  the  city.  By  an 
amendment  to  the  constitution  the  court  was  continued  in 
existence  with  the  powers  and  jurisdiction  it  then  had  "and 
such  further  civil  and  criminal  jurisdiction  as  may  be  conferred 
by  law."     The  legislature  subsequently  passed  an  act  author- 


54  PRACTICE    IN    THE    MUNICIPAi,    COURT. 

iziug  the  court  to  send  its  process  into  any  county  of  the  state. 
This  act  the  court,  Peckham,  J.,  dissenting,  held  to  be  unconsti- 
tutional. The  majority  of  the  court  construed  "such  further 
civil  and  criminal  jurisdiction  as  may  be  conferred  by  law" 
to  mean  such  further  local  jurisdiction,  and  the  argument  of 
the  opinion  is  based,  to  a  large  extent,  upon  the  inconvenience 
which  might  result  from  a  construction  which  would  permit 
"hauling  men  and  women  from  distant  parts  of  the  state,  who 
had  never  been  within  the  limits  of  the  city,  within  its  powei-, 
and  subjecting  them  to  its  jurisdiction."  In  effect  the  argu- 
ment was  that  the  possibility  the  legislature  might  abuse  the 
power  alleged  to  have  been  conferred  was  conclusive  that  the 
people  did  not  intend  to  confer  it.  The  dissenting  opinion  of 
i\Ir.  Justice  Peckham  is  worthy  of  careful  consideration  and  is 
entitled  to  great  weight. 

It  is  difficult  to  give  any  good  reason  why.  the  phrase  "in 
such  case  the  jurisdiction  and  practice  of  said  municipal  courts 
shall  be  such  as  the  General  Assembly  shall  prescribe,"  should 
not  be  taken  to  mean  precisely  what  it  says  and  to  authorize 
the  conferring  upon  the  municipal  courts  of  jurisdiction  to 
send  their  processes  of  summons  to  be  served  beyond  the  limits 
of  the  city.  Unless  this  be  its  meaning,  it  is  clearly  surplusage 
ns  conferring  a  power  w^hich  would  have  existed  without  it. 

Comparison  of  the  decision  of  the  courts  of  other  states  with 
those  of  this  state  is  quite  interesting.  Thus,  in  Jones  v.  Ke7it 
Circuit  Judge,  35  Mich.,  494,  and  in  Heath  v.  Kent  Circuit 
Judge,  37  Mich.,  372,  the  court  held  that  changes  of  venue, 
without  regard  to  the  residence  of  the  parties,  could  not  be 
allowed  from  a  municipal  court  to  a  circuit  court,  and  in 
Grand  R.  &  N.  &  L.  R.  R.  Co.  v.  Gray,  38  Mich..  461,  it  was 
held  that  municipal  courts  are  limited  in  their  jurisdiction  by 
the  residence  of  the  partias  and  cannot  obtain  jurisdiction  of  an 
action  against  a  non-resident  of  the  city  though  he  is  served 
with  process  of  summons  wuthin  the  city.  These  cases  are  di- 
rectly contrary  to  the  rulings  of  the  supreme  court  of  Illinois. 
More  striking  than  this  is  the  history  of  the  rulings  of  the 
supreme  courts  of  California  and  Wisconsin. 

Section  1  of  Article  VI  of  the  constitution  of  1849  of  Cali- 
fornia, provided  as  follow^s:     "The  judicial  power  of  this  state 


JURISDICTIONAL   PROVISIONS.  55 

shall  be  vested  in  a  supreme  court,  in  district  courts,  in  county 
courts  and  in  justices  of  the  peace.  The  legislature  may  also 
establish  municipal  and  other  inferior  courts  as  may  be  deemed 
necessary. ' ' 

In  Meyer  v.  Kalhmann,  6  Cal.,  582,  the  act  establishing  the 
superior  court  of  the  city  of  San  Francisco  was  held  invalid, 
so  far  as  it  provided  that  the  court  might  send  its  writs,  pro- 
cesses and  orders  out  of  the  city  of  San  Francisco  in  the  actions 
and  proceedings  of  which  it  had  jurisdiction  by  the  act.  The 
court  said:  "The  legislature  in  creating  the  superior  court  of 
the  city  of  San  Francisco  acted  under  power  given  it  in  the 
constitution  'to  establish  such  municipal  and  other  inferior 
courts  as  may  be  deemed  necessary.'  From  the  expression  of 
this  clause^  taken  together  with  the  constitutional  distribution 
of  judicial  power,  the  courts  to  be  created  could  only  be  of 
inferior,  limited  and  special  jurisdiction.  The  jurisdiction  of 
a  municipal  court  must  necessarily  be  confined  to  the  municipal 
territory  for  which  it  was  especially  created,  and  the  legislature 
has  no  power  to  extend  its  jurisdiction  so  as  to  let  its  processes 
run  beyond  its  territory. ' ' 

In  Hickman  v.  O'Neal,  10  Cal.,  294,  in  construing  the  same 
constitutional  provision,  the  court  held  the  legislature  might 
authorize  the  municipal  court  to  issue  and  send  its  final  process 
for  execution  beyond  the  territorial  limits  of  the  city. 

In  Chipman  v.  Boivman,  14  Cal.,  157,  the  same  act  again  came 
in  question  upon  a  bill  in  equity  to  set  aside  a  judgment  re- 
covered in  the  superior  court  of  the  city  of  San  Francisco  in 
a  suit  in  which  the  summons  had  been  served  upon  the  defend- 
ant in  Alameda  county,  of  which  he  was  a  resident.  The 
district  court  held  the  judgment  void  upon  the  authority  of 
Meyer  v.  Kalhmann,  supra,  but  Chief  Justice  Field,  in  deliver- 
ing tbe  opinion  of  the  court,  said:  "It  is  true  as  stated  in 
Meyer  v.  Kalkmann  that  the  superior  court  was  a  municipal 
court  and  possessed  only  an  inferior  and  limited  jurisdiction^ 
but  the  conclusion  is  not  warranted  that  the  legislature  could 
not  authorize  its  process  to  run  beyond  the  territorial  limits 
for  which  the  court  was  especially  created.  Its  character  as  a 
municipal  and  inferior  court  depended  upon  the  subjects  of 
its  jurisdictipo.  and  its  relation  to  other  tribunals,  and  not  upon 
the  form  of  its  process  or  the  counties  to  which  it  might  be 


56  PRACTICE   IN    THE   MUNICIPAL   COURT. 

issued.  In  Hickman  v.  O'Neal,  10  Cal.,  294,  the  question  de- 
termined i-elated  to  the  authority  of  the  court  to  issue  its  final 
process  beyond  the  city;  but  the  statute  makes  no  distinction 
between  the  two  kinds  of  processes,  and  we  are  unable  to  per- 
ceive any  constitutional  inhibition  to  the  granting  of  the  au- 
thority in  the  one  case  which  does  not  exist  equally  in  the 
other."  Accordingly  the  court  overruled  Meyer  v.  Kalkmann, 
supra,  and  held  the  act  in  question  valid. 

Section  2  of  Article  VII  of  the  constitution  of  Wisconsin, 
provides  as  follows:  "The  legislature  may  also  vest  such  juris- 
diction as  shall  be  deemed  necessaiy  in  municipal  courts,  and 
shall  have  power  to  establish  inferior  courts  in  the  several  coun- 
ties with  limited  civil  and  criminal  jurisdiction,  provided  that 
the  jurisdiction  which  may  be  vested  in  municipal  courts  shall 
not  exceed  m  their  respective  municipalities  that  of  circuit 
courts  in  their  respective  circuits  as  prescribed  by  this  con- 
stitution, and  that  the  legislature  shall  provide  as  well  for  the 
election  of  judges  of  the  municipal  courts  as  of  the  judges 
of  the  inferior  courts,  by  the  qualified  electors  of  the  respective 
jurisdictions. " 

In  State  v.  McArthur,  13  Wis.,  428,  the  court  in  passing  upon 
the  legality  of  a  transfer  of  an  indictment  from  the  municipal 
court  of  Milwaukee  to  the  circuit  court  of  Milwaukee  county, 
among  other  things  said:  "Without  determining  the  question 
whether  or  not  it  would  be  possible  for  the  legislature  to  es- 
tablish a  municipal  court  without  locating  it  in  a  city  or  in- 
corporated village,  we  are  of  the  opinion  that  if  such  court  be 
so  located  there  is  nothing  in  the  language  of  the  constitution 
prohibiting  the  legislature  from  vesting  in  such  court  jurisdic- 
tion over  territory  adjacent  to  the  city  or  village  where  it  may 
be.  The  clause  does  not  profess  to  prescribe  any  territorial 
limits  to  the  jurisdiction  of  such  courts.  The  only  ground  for 
implying  any  prohibition  is  the  use  of  the  words  'municipal' 
and  'municipality.'  But  conceding  that  the  framers  of  the  con- 
stitution contemplated  the  fact  that  municipal  courts  wer(»  to 
be  located  in  cities,  the  use  of  these  words  is  explained  by  the 
intention  merely  to  describe  the  kind  of  court  which  they 
wished  to  authorize,  and  there  is  nothing  in  them  which  satis- 
fies us  that  it  was  the  intention  to  prohibit  the  legislature  from 


JURISDICTIONAL    PROVISIONS.  57 

vesting  in  them  any  territorial  jurisdiction  beyond  the  limits 
of  the  cities  where  they  might  be." 

In  Lane  v.  Burdick,  17  Wis.,  92,  involving  the  validity  of  a 
judgment  of  the  municipal  court  of  the  city  and  town  of  Rip- 
on,  a  case  in  which  neither  the  plaintiff  nor  the  defendant  was 
at  the  commencement  of  the  action  or  ever  had  been  a  resident 
of  that  town,  the  court  said :  ' '  The  fact  that  the  jurisdiction 
of  the  municipal  court  must  be  exercised  within  the  city  and 
town  does  not  affect  the  question.  So  must  that  of  the  circuit 
court  within  the  county  by  the  general  law.  The  effect  of  the 
statute  regulating  the  commencement  of  civil  actions  is  to  give 
the  circuit  court  of  each  county  a  kind  of  incipient  jurisdiction 
throughout  the  state  and  with  the  assent  of  the  parties,  the 
power  to  hear  and  determine  all  such  actions  without  regard  to 
the  nature  of  the  controversy  or  the  residence  of  the  litigant. 
The  same  jurisdiction  and  power  are  extended  to  the  munici- 
pal court  by  the  act  under  consideration.  The  defendant,  hav- 
ing failed,  at  the  time  and  in  the  manner  prescribed  by  law,  to 
demand  that  the  place  of  trial  be  changed,  assented  to  the  juris- 
diction, and  the  objection  by  answer  came  too  late  and  was 
properly  disregarded  by  the  court.  The  objection  that  the  ju- 
risdiction exceeds  that  of  the  circuit  court  is  not  true.  It  may 
be  equal,  but  does  not  exceed.  And  if  giving  the  court  an  in- 
cipient jurisdiction  over  causes,  things  or  persons  residing  with- 
out the  municipality  be  supposed  to  conflict  with  the  constitu- 
tion the  objection  is  answered  in  State  ex  rel.  Stark  v.  Mc- 
Carthy,  13   Wis.,  383." 

In  Brockway  v.  Carter,  25  Wis.,  510,  the  previous  decisions 
of  the  court  were  approved  and  it  was  held  that  the  municipal 
court  of  the  city  and  town  of  Ripon  had  jurisdiction  of  actions 
to  foreclose  mortgages  of  land  situate  elsewhere  in  Fond  du  Lac 
county. 

But  in  Atkins  v.  Fraker,  32  Wis.,  510,  the  court  expressly 
overruled  its  previous  decisions,  and  held  that  the  jurisdiction 
of  a  municipal  court  could  not  be  extended  beyond  the  limits 
of  the  municipality.  In  speaking  of  the  provisions  of  a  muni- 
cipal court  act  by  which  it  was  attempted  to  give  a  police 
justice  ^iirisdiction  throughout  the  county,  the  court  said: 
"The  provision  is  invalid  so  far  as  it  attempts  to  confer  upon 
a  police  justice  jurisdiction  coextensive  with  that  of  justices  of 


58  PRACTICE    IN    TIIE    MUNICIPAL    COURT. 

thi'  peace  throughout  the  county  or  elsewhere  outside  the  terri- 
torial limits  of  the  village  of  Omro.  As  a  judge  or  justice  of 
a  municipal  court  his  jurisdiction  cannot  extend  beyond  the 
l)oundaries  of  the  village  within  and  for  which  he  is  elected. 
This  conclusion  seems  very  plain  from  the  language  of  sec.  2, 
Art.  VII  of  the  constitution,  above  quoted.  The  phraseology  is 
very  aptly  chosen  to  indicate  such  intent  on  the  part  of  the 
framers.  The  words  in  italics  (i.  e.,  'in  their  respective  munici- 
palities' and  *by  the  qualified  electors  of  the  respective  jurisdic- 
tions') point  to  a  jurisdiction  within  the  municipality  and  as 
so  localized  and  limited  as  not  to  be  extended  beyond  its  bound- 
aries. In  actions  local  in  their  nature,  therefore,  such  as  actions 
for  the  recovery  of  the  possession  of  land  or  affecting  it^ 
title,  or  action  for  injuries  to  real  property,  the  subject  of  the 
action  must  be  Mathin  the  municipality.  In  all  actions  the  pro- 
cesses of  the  court  must  be  served  within  the  same  territorial 
limits  and  cannot  be  served  beyond.  In  all  transitory  actions 
the  voluntary  appearance  of  the  defendant,  whether  he  resides 
within  or  without  the  municipality,  will  give  jurisdiction  over 
his  person,  the  same  as  in  any  other  court." 

It  would,  therefore,  seem  that  consistently  with  the  provisions 
of  the  constitution  the  municipal  court  may  be  given  jurisdic- 
tion of  all  cases  by  change  of  venue,  and  that,  when,  in  any  case 
where  there  are  several  defendants,  the  court  has  acquired 
jurisdiction  over  one  defendant  by  service  of  process  of  sum- 
mons within  the  city  limits,  it  may  complete  its  jurisdiction  by 
service  of  process  upon  the  remaining  defendant  or  defendants 
beyond  the  city  limits.  If,  however,  it  be  held  otherwise,  the  act 
will  still  be  valid  to  the  extent  of  the  jurisdiction  within  the 
city  limits.     Held  v.  Morton,  119  111.,  118,  127. 

Second.  Those  authorizing  a  transfer  of  causes  from  the  cir- 
cuit and  superior  courts  of  Cook  county. 

By  paragraph  second  of  section  2  the  municipal  court  is  given 
jurisdiction  of  all  suits  of  every  kind  and  nature  which  may  be 
transferred  to  it  by  change  of  venue  or  otherwise  by  the  circuit 
or  superior  court  of  Cook  county  and  by  section  24,  it  is  provided 
that  "the  circuit  court  of  Cook  county  or  the  superior  court  of 
Cook  county  may,  upon  the  application  of  either  party  for  a 
change  of  venue,  and  shall  upon  the  request  of  both  parties  to 
any  suit  at  law  or  in  equity  pending  therein,  transfer  said  suit 


JURISDICTIONAL    PROVISIONS.  59 

to  the  municipal  court  for  trial  and  disposition."  Not  only  are 
these  provisions  objected  to  as  invalid  because  their  effect  may 
be  to  permit  the  municipal  court  to  entertain  jurisdiction  in  cases 
in  which  the  defendants,  or  some  of  them,  do  not  reside  and  are 
not  found  within  the  territorial  limits  of  the  city  of  Chicago, 
but  it  is  also  claimed  that  the  provision  authorizing  the  transfer 
of  cases  from  the  circuit  and  superior  courts  to  the  municipal 
court  is  unconstitutional  as  being  special  legislation  in  refer- 
ence to  the  last  mentioned  courts,  it  being  contended  that  its 
effect  is  to  confer  upon  the  latter  court  powers  respecting  the 
transfer  of  cases,  by  change  of  venue  or  otherwise,  not  con- 
ferred upon  other  courts  of  the  same  class  or  grade. 

One  answer  to  this  is  that  within  the  term  "practice  of  the 
municipal  court,"  according  to  the  ruling  of  the  court  in 
Fleischman  v.  Walker,  91  111.,  318,  supra,  is  included  the  mode 
by  which  the  court  acquires  jurisdiction  of  any  cause.  Jurisdic- 
tion, as  has  already  been  pointed  out,  is  the  power  to  hear  and 
determine  the  cause.  The  jurisdiction  of  the  municipal  court  is 
to  be  such  as  the  general  assembly  shall  see  fit  to  prescribe. 
The  general  assembly  has  seen  fit  to  prescribe  that  among  the 
cases  of  which  the  municipal  court  shall  have  jurisdiction  is  any 
case  pending  in  the  circuit  or  superior  court  of  Cook  county 
which  may  be  transferred  to  the  municipal  court  by  change  of 
venue  or  otherwise.  Having  power  to  confer  this  jurisdiction, 
the  general  assembly  must  likewise  have  the  power  to  make 
the  jurisdiction  effectual.  For  that  purpose  it  may  adopt  any 
means  whatsoever  which  may  seem  to  it  suitable  to  accomplish 
the  purpose  intended.  Hence  it  must  have  ample  power  to  re- 
quire the  circuit  or  superior  court  of  Cook  county  to  make  the 
transfer  of  the  suit  of  which  jurisdiction  is  thus  given  to  the 
municipal  court,  whenever  there  is  an  application  for  a  change 
of  venue,  or  when  both  parties  to  the  suit  shall  request  the  trans- 
fer. Such  a  provision  is  by  no  means  the  regulation  of  the 
practice  of  the  circuit  and  superior  courts.  It  is  a  provision 
essentially  connected  with  the  jurisdiction  of  the  municipal 
court  and  one  necessary  to  enable  that  jurisdiction  to  be  exer- 
cised. 

Third.  Those  pertaining  to  the  jurisdiction  in  criminal 
cases. 

Paragraph  second  of  section  2   eonfei-s    upon    th(?    manici- 


60  PRACTICE    IN    TUE   MUNICIPAL.   COURT. 

pal  court  jurisdiction  of  any  criminal  case  which  may  be  trans- 
ferred to  it  by  change  of  venue  or  otherwise  by  the  criminal 
court  of  Cook  county  for  trial  and  disposition,  and  by  section 
24  it  is  declared  that  "the  criminal  court  of  Cook  county  may, 
in  its  discretion,  upon  the  request  of  the  state's  attorney  or  of 
any  defendant,  transfer  to  the  municipal  court  for  trial  and 
disposition  any  case  therein  pending  and  shall  have  power  to 
make  all  orders  which  it  may  deem  necessary  to  accomplish  such 
transfer  and  secure  the  attendance  of  the  parties  and  witnesses 
upon  said  municipal  court  until  the  final  disposition  of  the  case, 
and  said  municipal  court,  when  any  criminal  case  shall  have 
been  so  transferred  to  it,  shall  exercise  all  the  powers  with 
respect  to  the  trial  and  disposition  of  said  case  which  the  said 
criminal  court  of  Cook  county  might  have  exercised  had  said 
case  not  been  so  transferred." 

The  criticism  that  this  is  special  legislation  regulating  the 
practice  of  the  criminal  court  of  Cook  county  in  the  transfer  of 
cases  is  answered  by  what  is  above  said  with  respect  to  the 
transfer  of  cases  from  the  circuit  and  superior  courts.  The  gen- 
eral assembly  having  power  to  confer  the  jurisdiction  has,  as 
incident  to  that  power,  the  further  power  to  make  all  provisions 
necessary  to  render  that  jurisdiction  effectual. 

But  still  another  objection  is  made.  Section  26  of  Article  VI 
of  the  constitution  of  1870  declares  that  all  recognizances  and 
appeals  taken  in  Cook  county  in  criminal  and  quasi-criminal 
cases  shall  be  returnable  and  taken  to  the  criminal  court  of  said 
county.  It  is  suggested  that  this  would  prevent  the  munici- 
pal court  in  any  criminal  case  pending  before  it  from  taking 
any  recognizance  other  than  one  for  the  appearance  of  the  de- 
fendant before  the  criminal  court,  and  would  require  the  allow- 
ance of  appeals  to  the  criminal  court  from  the  municipal  court 
in  all  criminal  cases.  But  this  suggestion  is  without  merit.  The 
jurisdiction  of  the  criminal  court  is  not  exclusive,  but  is  only 
concurrent  with  that  of  the  circuit  court  in  criminal  and  quasi- 
criminal  eases.  Berkowitz  v.  Lester,  121  111.,  99.  Hence,  even 
prior  to  the  adoption  of  the  amendment  of  1904,  it  would  have 
been  competent  for  the  general  assembly  to  provide  for  the  ex- 
ercise in  Cook  county  of  criminal  jurisdiction  by  other  courts 
than  the  criminal  court.  But,  as  we  have  already  seen,  the  con- 
stitutional amendment  of  1904  is  paramount  to  all  other  pro- 


JURISDICTIONAL    PROVISIONS.  61 

visions  on  the  same  subject  contained  in  the  constitution  prior  to 
the  adoption  of  the  amendment.  The  amendment  vests  in  the 
general  assembly  povrer  to  confer  jurisdiction  upon  the  muni- 
cipal court  without  limit,  and  hence  no  limitation  contained  in 
section  26  of  Article  VI  can  be  given  any  force  or  effect. 

Again,  the  constitutional  amendment  of  1904  declares  that 
the  general  assembly  may  pass  any  law  "which  it  may  deem  re- 
quisite to  effectually  provide  a  complete  system  of  local  munici- 
pal government  in  and  for  the  city  of  Chicago."  It  is  well 
known  that  the  city  of  Chicago  constitutes,  both  in  population 
and  wealth,  over  ninety  per  cent,  of  Cook  county.  Its  inhabi- 
tants pay  over  ninety  per  cent,  of  the  expense  of  conducting 
the  business  of  the  circuit,  superior  and  criminal  courts  of  Cook 
county.  The  administration  of  justice  in  those  courts,  and  espe- 
cially in  the  criminal  court,  vitally  affects  all  of  the  people  of 
the  city.  The  prompt  punishment  and  suppression  of  crime  is 
essential  to  the  welfare  of  all  the  law-abiding  inhabitants  of 
the  city.  It  would  have  been  competent  for  the  general  assem- 
bly to  have  provided  for  a  grand  jury  in  the  municipal  court 
and  the  vesting  in  the  municipal  court  of  original  jurisdiction 
of  all  criminal  cases  arising  within  the  city  of  Chicago.  To 
have  done  this,  however,  would  have  imposed  upon  the  people 
of  the  city  the  needless  expense  occasioned  by  having  two  grand 
juries  instead  of  one.  The  general  assembly  deemed  it  requisite 
to  "  a  complete  system  of  local  municipal  government  in  and  for 
the  city  of  Chicago"  that  the  municipal  court  of  Chicago  should 
assist  in  the  disposition  of  the  criminal  business  which  other- 
wise would  have  to  be  disposed  of  unaided  by  the  criminal 
court  of  Cook  county,  but  it  did  not  deem  it  requisite  that  this 
should  be  accomplished  by  a  provision  for  a  grand  jury  in  the 
municipal  court.  Under  the  constitutional  amendment  it  was 
for  the  general  assembly  to  say  not  only  of  what  criminal  cases 
the  municipal  court  should  have  jurisdiction,  but  the  manner  in 
which  those  cases  should  originate  and  the  method  by  which  the, 
municipal  court  should  acquire  jurisdiction. 

It  is  also  objected  that  it  is  inadmissible  for  the  general  as- 
sembly to  pass  a  law,  the  effect  of  which  may  be  to  divest  the 
criminal  court  of  jurisdiction  of  any  cause  of  which  it  is  given 
jurisdiction  by  the  constitution.  But  the  power  of  the  general 
assembly  to  provide  for  the  transfer  of  criminal  cases  from 


62  PRACTICE   IN    THE   MUNICIPAL   COURT. 

the  circuit  court  has  been  recognized  for  over  thirty  years.  Par- 
agraph 185  of  Chapter  37  of  the  Revised  Statutes  of  1874,  the 
provisions  of  which  have  been  in  force  ever  since  with  slight 
modifications,  provided  for  the  transfer  of  indictments  from  the 
circuit  court  to  the  county  court.  The  validity  of  this  provis- 
ion has  been  recognized  by  the  supreme  court.  Barr  v.  People, 
103,  111.,  110. 


CHAPTER  V. 
CONSTITUTIONALITY  OF  PRACTICE  PROVISIONS. 

The  practice  provisions,  the  validity  of  which  is  challenged, 
are:  First,  those  in  section  20  pertaining  to  the  adoption  of 
rules;  second,  those  in  sections  19,  22,  23  and  31  limiting  the 
power  of  the  supreme  court  and  the  appellate  courts  to  review 
the  decisions  of  the  municipal  court  upon  questions  of  practice ; 
third,  those  in  section  20  requiring  the  supreme  court  and  the 
appellate  courts  to  take  judicial  notice  of  the  rules  of  practice 
in  force  from  time  to  time  in  the  municipal  court;  fourth, 
those  in  section  23  limiting  to  thirty  days  the  time  within  which 
writs  of  error  may  be  sued  out  to  review  the  judgments  of 
the  municipal  court  in  cases  of  the  fourth  and  fifth  classes; 
fifth,  those  in  sections  25,  26  and  31  relating  to  the  empanelling 
of  jurors  in  the  municipal  court ;  sixth,  those  in  sections  30  and 
56  affecting  the  right  of  trial  bj^  jury,  and,  seventh,  those  in  sec- 
tion 39  regulating  applications  for  changes  of  venue. 

First.  The  provisions  in  section  20  conferring  power  up&n 
the  judges  of  the  municipal  court  and  the  supreme  court  to  make 
rules. 

The  substitution  of  municipal  courts,  which  were  to  be  courts 
of  record,  for  justices  of  the  peace,  was  a  radical  change  in  the 
existing  order  of  things.  The  adoption,  therefore,  by  the  gen- 
eral assembly  of  a  complete  and  inflexible  code  of  practice  might 
have  resulted  in  great  inconvenience  and  mischief  because  of  the 
inability  of  the  general  assembly  to  foresee  precisely  what  rules 
would  operate  most  beneficially.  Accordingly  it  was  determined 
that,  at  the  outset,  the  new  courts  should  adopt  as  guides  the 
rules  of  practice  prevailing  in  the  circuit  court,  excepting  in  a 
few  specified  particular,  and  that  extensive  powers  should  be 
given  to  the  judges  to  change  those  rules  and  adopt  new 
rules,  from  time  to  time,  as  that  course  might  seem  necessary 
or  expedient.  Provision  was  made,  however,  that,  during  the 
time  which  might  elapse  before  new  rules  should  be  adopted, 

63 


64  PRACTICE    IN    THE    MUNICIPAL    COURT. 

the  conformity  to  the  new  rules  of  practice  in  the  circuit  court 
should  only  be  "as  near  as  may  be." 

The  meaning-  of  this  phrase  lia.s  been  judicially  determined. 
By  section  914  of  the  Revised  Statutes  of  the  United  States  the 
practice  of  the  circuit  and  district  courts  in  all  civil  cases, 
other  than  equity  and  admiralty  cases,  is  required  to  conform 
"as  near  as  may  be"  to  the  practice  in  like  cases  in  the  courts 
of  the  states  in  which  such  circuit  and  district  courts  are  held. 
In  Niidd  V.  Burrows,  91  U.  S.,  441,  Indianapolis,  &c.,  E.  R.  Co. 
V.  Horst,  93  U.  S.,  291,  and  Mexican  Central  Railway  v.  Pinkney, 
149  U.  S.,  194,  207,  the  supreme  court  of  the  United  States  ex- 
pressed its  opinion  of  the  meaning  of  the  phrase  referred  to  in 
the  follov^ing  language:  "The  conformity  is  required  to  be  'as 
near  as  may  be' — not  as  near  as  possible,  or  as  near  as  may  be 
practicable.  The  indefiniteness  may  have  been  suggested  by  a 
purpose:  it  devolved  upon  the  judges  to  be  affected  the  duty 
of  construing  and  deciding,  and  gave  them  power  to  reject,  as 
Congress  doubtless  expected  they  would  do,  any  subordinate  pro- 
vision in  such  state  statutes  which,  in  their  judgment,  would 
unwisely  encumber  the  administration  of  the  law,  or  tend  to 
defeat  the  ends  of  justice  in  their  tribunals." 

That  the  General  Assembly  intended  this  was  the  construction 
to  be  given  to  the  phrase  "as  near  as  may  be"  is  evidenced  by 
the  provision  of  section  19  that  "said  municipal  court  shall 
be  the  sole  judge  of  the  applicability  to  the  proceedings  of  said 
court  of  the  rules  of  practice  prescribed  by  law  for  similar  cases 
in  the  circuit  courts ' '  and  the  further  provision  that  its  decisions 
in  respect  thereto  shall  only  be  reviewed  upon  appeal  or  writ  of 
error  when  such  review  is  necessary  to  prevent  a  failure  of  jus- 
tice. These  provisions,  together  with  that  in  section  8  providing 
that  the  judges  "shall  have  power  and  it  shall  be  their  duty  to 
adopt  or  cause  to  be  adopted  all  such  rules  and  regulations  for 
the  proper  administration  of  justice  in  said  court  as  to  them 
may  seem  expedient,"  those  in  section  20  giving  the  judges  of 
the  municipal  court  and  the  supreme  court  the  power  to  adopt 
rules  of  practice,  and  those  in  sections  22,  23  and  31  limiting  the 
power  of  the  supreme  court  and  the  appellate  court  to  review 
the  decisions  of  the  municipal  court  as  to  matters  of  practice, 
are  all  confirmatory  of  the  conclusion  that  it  was  the  legislative 
intention  that  the  judges  of  the  municipal  court  should  have  a 


PRACTICE  PROVISIONS.  65 

wide  discretion  as  to  how  far  they  should  be  bound  to  follow 
and  be  governed  by  the  rules  of  practice  prescribed  by  law  for 
similar  cases  in  the  circuit  courts. 

In  determining  the  construction  to  be  given  to  section  20  it  is 
important  that  we  have  before  us  the  history  of  the  provisions 
therein  contained.  The  original  bill,  entitled  "A  bill  for  an  Act 
in  relation  to  municipal  courts  in  the  city  of  Chicago,"  intro- 
duced into  the  Senate  as  Senate  Bill  No.  45,  and  into  the  House 
as  House  Bill  No.  98,  was  referred  to  the  House  Committee  on 
Chicago  Charter,  which,  after  a  careful  consideration  of  its 
provisions,  framed  and  reported  it  with  certain  additions  and 
changes  to  the  House  as  House  Bill  No.  422,  entitled  "A  Bill 
for  an  Act  in  relation  to  municipal  courts  in  the  City  of  Chi- 
cago," and  it  was  subsequently  passed  by  the  House  with  only 
two  modifications  so  far  as  sections  18  and  19,  corresponding 
with  sections  19  and  20  of  the  act  as  finally  passed,  are  con- 
cerned. One  modification  was  the  addition  of  a  proviso  in  refer- 
ence to  the  granting  of  relief  by  the  supreme  court  or  appellate 
court  as  to  a  question  of  practice  for  the  purpose  of  preventing 
a  failure  of  justice;  The  other  was  the  requirement  that  the 
supreme  court  and  the  appellate  courts  should  take  judicial 
notice  of  the  rules  of  practice  in  force,  from  time  to  time,  in  the 
municipal  courts  designated  in  that  bill  as  the  common  pleas 
court  and  the  city  courts.  In  the  Senate,  House  Bill  No.  422 
was  amended  and  passed  as  amended  under  the  title  of  "A  Bill 
for  an  Act  in  relation  to  a  municipal  court  in  the  City  of  Chi- 
cago." By  the  amendments  sections  18  and  19  of  the  original 
bill  were  made  sections  19  and  20  and  both  were  substantially 
modified.  The  conference  committee  of  the  Senate  and  House 
further  modified  section  20  as  passed  by  the  Senate  and  the  two 
houses  approved  their  action,  and  the  act  as  thus  modified  be- 
came a  law  by  the  approval  by  both  houses  of  the  report  of  the 
conference  committee  and  the  signature  of  the  governor. 

Section  20  of  House  Bill  No.  422  as  passed  by  the  Senate,  cor- 
responding with  section  19  of  the  original  bill,  so  changed  the 
latter  as  to  provide  that  no  rules  adopted  by  the  judges  of  the 
municipal  court  inconsistent  with  those  expressly  provided 
for  by  the  act  should  become  effective  until  after  their  approval 
by  the  supreme  court  and  provided  for  the  method  by  which  the 
application  for  such  approval  should  be  made. 


66  PRACTICE    IN    THE    MUNICIPAL    COURT. 

When  sections  19  and  20  came  before  the  conference  com- 
mittee vigorous  opposition  was  made  to  the  proposition  that  the 
judges  of  the  municipal  court  should  have  the  power  to  set  aside 
or  modify  rules  of  practice  expressly  prescribed  by  the  Greneral 
Assembly.  The  opposition  thus  made  resulted  in  an  amendment 
of  section  20  as  adopted  by  the  House  and  amended  by  the 
Senate  so  that  the  proviso,  "Provided,  however,  that  no  rule  or 
rules  inconsistent  with  those  expressly  provided  for  hy  this  act 
shall  become  effective  and  be  in  force  until  after  the  lapse  of 
thirty  days  from  the  approval  thereof  by  the  supreme  court," 
was  made  to  read,  "provided,  however,  that  no  such  rule  or 
rules  so  adopted  shall  be  inconsistent  with  those  expressly  pro- 
vided for  by  this  act,  nor  shall  they  become  effective  and  be  in 
force  until  after  the  lapse  of  thirty  days  from  the  approval 
thereof  by  the  supreme  court." 

The  effect  of  this  change  in  the  phraseology  of  the  section  is  to 
create  some  ambiguity  and  uncertainty  as  to  the  construction  to 
be  given  to  section  20.  It  renders  it  necessary^  to  enquire  what 
rules  are  included  within  the  expression  "those  expressly  pro- 
vided for  by  this  act"?  Are  the  rules  thereby  forbidden  to  be 
amended  those  only  which  are  embodied  in  the  succeeding  sec- 
tions 21  to  51,  or  do  they  also  include  the  rules  of  practice  * '  now 
prescribed  by  law  for  similar  suits  or  proceedings  in  circuit, 
courts, ' '  made  applicable,  ' '  as  near  as  may  be, ' '  by  section  19  ? 
The  ambiguity  and  uncertainty  thus  created  is,  however,  more 
apparent  than  real.  The  language  used  by  the  legislature  in 
section  20  and  in  other  sections  which  will  be  referred  to  is 
inconsistent  with  any  other  theory  than  that  it  was  the  intention 
to  confer  upon  the  judges  of  the  municipal  court  the  powder  to 
adopt,  with  the  approval  of  the  supreme  court,  any  rules  of 
practice  not  inconsistent  with  those  prescribed  in  sections  21  to 
51,  inclusive,  although  they  might  be  inconsistent  with  those  pre- 
scribed by  law  for  similar  suits  or  proceedings  in  the  circuit 
court. 

Effect  must  be  given  the  language  in  section  19,  "until  other- 
wise determined  in  the  manner  hereinafter  provided  and  except 
as  by  this  act  is  otherwise  prescribed."  This  language  clearly 
expresses  the  intention  that  the  rules  of  practice  prevailing  in 
the  circuit  courts  shall  only  be  applied  temporarily  in  the  muni- 
cipal court  "until  otherwise  determined  in  the  manner  herein- 


PRACTICE  PROVISIONS.  67 

after  provided."  There  is  no  manner  "hereinafter  provided" 
for  changing*  the  rules  of  practice  prevailing  in  the  circuit 
courts,  unless  it  be  that  contained  in  section  20. 

Section  20  declares  that  ''the  supreme  court may,  in  its 

discretion,  of  its  own  motion  or  otherwise,  make  any  order  re- 
specting the  rules  of  said  municipal  court  which  it  may  deem 
proper."  Regardless,  therefore,  of  what  the  judges  of  the  muni- 
cipal court  may  have  power  to  do,  here  is  a  complete  grant  of 
power  to  the  supreme  court  to  "make  any  order  respecting  the 
rules  of  said  municipal  court  which  it  may  deem  proper."  This 
provision  is  broad  enough  to  confer  upon  the  supreme  court 
power,  not  only  to  prescribe  new  rules  of  practice  for  the  mu- 
nicipal court  in  lieu  of  those  prevailing  in  similar  cases  in  the 
circuit  courts,  but  also  to  modify  those  expressly  prescribed  in 
subsequent  sections  21  to  51,  inclusive. 

It  is  provided  in  section  22  that  "the  practice  in  case  of 
appeals  from  or  writs  of  error  to  said  municipal  court  in  said 
cases  shall,  except  as  in  this  act  or  by  rules  of  said  court  adopt- 
ed in  pursuance  hereof,  may  be  otherwise  provided,  be  the  same, 
as  near  as  may  bCj  as  the  practice  in  cases  of  appeals  from  (or) 
writs  of  error  to  circuit  courts  in  similar  cases."  Here  is  a 
plain  indication  of  authority  given  by  this  act  for  the  adoption 
of  rules  modifying  the  practice  prevailing  in  the  circuit  courts 
in  cases  of  appeals  or  writs  of  error.  This  is  confirmatory  of  the 
theory  that  the  legislative  intent  was  that  the  supreme  court 
should  have  absolute  power  to  make  any  and  all  rules  which  it 
might  deem  proper  to  make  regulating  the  practice  in  the  muni- 
cipal court. 

In  section  28  prescribing  the  practice  in  cases  of  the  first 
class  the  expression  "until  otherwise  provided  by  the  rules 
of  the  municipal  court  and  except  as  is  herein  otherwise  pre- 
scribed,"  is  a  further  indication  of  the  legislative  intent  that 
even  the  special  provision  in  reference  to  cases  of  the  first  class 
might  be  modified  by  means  of  rules  of  the  municipal  court, 
adopted  either  by  the  judges  of  that  court  with  the  approval  of 
the  supreme  court  or  by  the  supreme  court  of  its  own  motion. 

In  section  50,  pertaining  to  the  taking  of  bail  in  criminal 
and  quasi-criminal  cases,  we  find  the  language  "the  exercise  of 
the  power  hereby  conferred  of  letting  to  bail  shall  be  subject 
to  regulation  by  such  rules  as  may  be  adopted  by  a  majority 


68  PRACTICE    IN    THE    MUNICIPAL   COURT. 

of  the  Judges  of  the  municipal  court  as  herein  provided."  It 
is  also  in  that  section  prescribed  that  "the  court  may,  by  rule, 
provide  that  any  defendant  arrested  in  any  criminal  case  in 
which  the  punishment  is  by  fine  only,  or  in  any  quasi-criminal 
case,  may,  in  lieu  of  giving  bail  for  his  appearance,  deposit  with 
the  clerk  such  sura  of  money  as  the  court  may  deem  sufficient 
to  secure  his  appearance  at  the  time  or  times  so  fixed  therefor." 
This  language  is  also  indicative  of  the  intention  to  vest  in  the 
court  power  to  make  rules. 

In  section  51  the  provision  empowering  any  branch  court, 
when  the  method  of  procedure  in  any  ca.se  is  not  sufficiently 
prescribed  by  the  act,  or  "by  any  rule  of  court  adopted  in 
pursuance  hereof,"  to  make  such  provision  for  disposing  of  the 
case  as  the  court  may  deem  proper  is  indicative  of  a  similar  in- 
tention. 

In  section  40,  it  is  provided  that  "in  eases  of  the  fourth 
class  and  in  cases  of  the  fifth  class  mentioned  in  section  2  of 
this  act,  the  municipal  court  may  adopt  such  rules  and  regu- 
lations as  it  may  deem  necessary  to  enable  the  parties,  in  ad- 
vance of  the  trial,  to  ascertain  the  nature  of  the  plaintiff's 
claim  or  claims,  or  of  the  defendant's  defense  or  defenses." 
This  also  is  a  recognition  of  the  power  of  the  court  to  adopt 
rules. 

The  rules  provided  for  in  section  20  are  to  be  rules  "in  lieu 
of  or  in  addition  to"  those  prescribed  by  the  act.  This  language 
precludes  the  idea  that  the  rules  adopted  were  not  to  be  incon- 
sistent with  those  prevailing  in  the  circuit  courts. 

Finally,  the  fact  that  bj^  the  terras  of  section  19  the  municipal 
court  was  to  be  the  sole  judge  of  the  applicability  to  its  pro- 
ceedings of  the  rules  prevailing  in  the  circuit  court,  effectually 
refutes  the  claim  that  the  General  Assembly  was  unwilling  tq 
permit  the  judges  of  the  municipal  court,  with  the  concurrence 
of  the  supreme  court,  to  change  those  rules. 

If  these  views  are  sound  it  follows  that  the  judges  of  the 
municipal  court,  with  the  approval  of  the  supreme  court,  have 
power  to  adopt  new  rules  inconsistent  with  those  prevailing  in 
the  circuit  court,  pi*ovided  the  rules  thus  adopted  are  not  in- 
consistent with  those  expressed  in  sections  21  to  51,  both  in- 
clusive, and  that  the  supreme  court  has  absolute  power,  of  its 
own  motion,  to  modify  or  set  aside  any  or  all  of  the  rules  pre- 


PRACTICE  PROVISIONS,  69 

scribed  by  the  act  and  cause  to  be  adopted,  in  lieu  thereof,  such 
rules  as  it  may  deem  proper. 

Upon  the  question  whether  the  interests  of  the  administration 
of  justice  will  be  better  subserved  by  committing  to  the  supreme 
court  the  power  to  make,  or  to  supervise  the  making  of,  rules  of 
practice  for  the  municipal  court  rather  than  leaving  it  to  be  at- 
tended to  by  the  General  Assembly,  there  is  but  little  need 
of  discussion.  The  supreme  court,  by  virtue  of  its  appellate 
jurisdiction,  exercises  supervisory  power  over  inferior  courts 
affirming  their  judgments  and  decrees  when  entered  in  accord- 
ance with  the  rights  of  the  parties  as  prescribed  by  law,  and 
reversing  them  when  erroneous.  In  exercising  its  appellate  ju- 
risdiction, its  sole  function  is  to  see  that  justice  is  done  be- 
tween the  parties  litigant,  so  far  as  the  law  will  permit.  Why, 
then,  in  order  to  accomplish  its  purpose  should  not  the  supreme 
court  be  permitted,  in  the  first  instance,  to  instruct  inferior 
courts  how  to  proceed,  rather  than  be  required  to  confine  itself 
to  compelling  them  to  proceed  according  to  methods  prescribed 
by  the  General  Assembly  and  which,  as  experience  may  show, 
may  result  in  injustice? 

The  conferring  of  this  power  upon  the  supreme  court,  instead 
of  increasing  the  labors  of  that  tribunal,  would  greatly  dimin- 
ish them.  Rules  framed  by  the  supreme  court  with  the  aid  of 
the  judges  of  the  inferior  court  would  be  understood  by  the  lat- 
ter and  properly  applied  in  the  trial  of  causes,  and  the  greater 
portion  of  the  time  which  is  now  devoted  not  only  by  the  su- 
preme court,  but  by  the  inferior  courts  and  the  members  of  the 
profession,  to  the  investigation,  argument  and  decision  of  ques- 
tions of  practice  might  be  applied,  with  greater  benefit  to  all 
concerned,  to  the  ascertainment  of  the  substantive  rights  of  the 
parties  litigant. 

During  the  consideration  of  the  Municipal  Court  Act  by  the 
General  Assembly  the  objection  was  made  and  strenuously  in- 
sisted upon  that  it  was  unconstitutional  to  confer  upon  the  mu- 
nicipal court  or  upon  the  judges  thereof,  or  upon  the  supreme 
court,  the  power  of  adopting  rules  of  practice  inconsistent  with 
those  which  might  be  prescribed  in  the  act  which  the  General 
Assembly  might  see  fit  to  pass.  In  support  of  this  objection  it 
was  asserted  that  the  establishment  of  rules  and  regulations  pre- 
scribing the  practice  of  the  courts  was  a  legislative  function  to 


70  PRACTICE    IN    THE    MUNICIPAL    COURT. 

be  performed  only  by  the  General  Assembly  and  not  to  be  con- 
ferred or  imposed  upon  the  judicial  department  of  the  govern-, 
ment.    This  position  is  clearly  unsound. 

It  is  elementary  that  the  General  Assembly  has  the  inherent 
power  to  pass  any  law  which  is  not  either  expressly  or  impliedly 
prohibited  by  the  constitution  of  this  state  or  by  the  constitution 
of  the  United  States  and  the  laws  made  and  treaties  entered  into 
in  pursuance  thereof.  In  other  words,  the  constitution  of  this 
state  is  not  a  grant  of  power  to  the  General  Assembly,  but  is 
a  limitation  on  the  power  of  that  department. 

By  section  29  of  Article  VI  of  the  constitution,  it  is  provided, 
that  "the  organization,  jurisdiction,  powers,  proceedings  and 
practice  of  all  courts  of  the  same  class  or  grade,  so  far  as  regu- 
lated by  law,  and  the  force  and  effect  of  the  process,  judgments 
and  decrees  of  such  courts,  severally,  shall  be  uniform."  The 
expression,  "so  far  as  regulated  by  law,"  is  inconsistent  with 
the  idea  that  the  practice  of  the  courts  is  to  be  entirely  regulated 
by  law  and  indicates  clearly  that  the  extent  to  which  matters  of 
practice  shall  be  regulated  by  law  and  the  extent  to  which  they 
shall  be  regulated  by  the  courts,  is  one  committed  entirely  to  the 
discretion  of  the  General  Assembly.  Considered  by  itself  alone, 
the  language  of  section  29  could  not  be  construed  to  prohibit  the 
legislature  from  committing  to  the  courts  the  regulation  of  the 
entire  practice  therein  in  every  suit  from  its  commencement  to 
its  conclusion.  If  the  legislature  saw  fit  to  do  nothing  more  than 
create  courts  and  define  their  jurisdiction,  the  courts  thus  created 
would  have  the  inherent  power  to  prescribe  all  such  rules  and 
regulations  as  they  might  deem  necessary  for  the  proper  exercise 
of  the  jurisdiction  thus  given  them.  Finlen  v.  Eeinze,  69  Pac, 
(Mont.),  828.  This  is  certainly  true  unless  the  power  to  pre- 
scribe rules  of  practice  is  a  purely  legislative  power  which,  be- 
cause of  the  prohibition  contained  in  Article  III  of  the  con- 
stitution, can  not  be  conferred  upon  the  judicial  department. 

That  the  making  of  rules  of  practice  is  a  judicial  rather  than 
a  legislative  function  is  a  conclusion  which  must  inevitably  be 
drawn  from  a  consideration  of  the  history  of  English  and 
American  law.  The  rules  regulating  the  practice  of  the  courts 
are  for  the  most  part  rules  which  have  been  made  by  the  courts 
themselves.  The  sole  function  of  legislation  so  far  as  matters 
of  practice  are  concerned,  has  been  to  change  court-made  rules 


PRACTICE   PROVISIONS.  71 

by  substituting  in  their  place  rules  made  by  legislative  bodies. 

By  the  Temporary  Process  Act  of  September  9,  1789,  1  Stat., 
93,  enacted  by  Congress,  if  not  otherwise  provided,  the  forms  of 
writs  and  executions,  (except  their  style),  and  modes  of  process 
in  the  circuit  and  district  courts  in  suits  at  common  law,  were 
directed  to  be  the  same  as  in  the  supreme  courts  of  the  states  re- 
spectively. By  the  Permanent  Process  Act  of  May  8,  1792, 
1  Stat.,  275,  it  was  enacted  that  the  forms  of  writs,  executions 
and  other  processes,  and  the  forms  and  modes  of  proceedings  id 
suits  at  common  law,  should  be  the  same  as  directed  by  the  Act 
of  1789,  subject  to  such  alterations  and  additions  as  the  said 
courts  should  deem  expedient,  or  to  such  regulations  as  the  su- 
preme court  of  the  United  States  should  think  proper  hy  rule  to 
prescribe  for  any  circuit  or  district  court.  Thus  the  practice  in 
United  States  courts  under  the  old  statutes  in  common  law 
cases,  was  made  to  conform  to  the  state  practice  as  it  was  in 
1789,  subject  to  alterations  by  rule  of  court.  In  1828  a  law  was 
passed  adopting,  for  the  federal  courts  in  the  new  states  admitted 
since  1789,  the  forms  of  process,  and  forms  and  modes  of  pro- 
ceeding, of  the  highest  courts  of  those  states  respectively,  as  then 
existing,  subject  to  alterations  by  the  courts  themselves  or  the 
supreme  court  of  the  United  States.  4  Stat.,  278.  By  the  Act 
of  August  1,  1842,  the  provisions  of  the  Act  of  1828  were  ex- 
tended to  states  admitted  in  the  intermediate  time.  Subse- 
quently by  the  fifth  section  of  the  Act  of  June  1,  1872,  Revised 
Statutes,  Sec.  914,  it  was  declared  that  "the  practice,  pleadings 
and  forms  and  modes  of  proceeding  in  civil  causes,  other  than 
equity  and  admiralty  causes,  in  the  circuit  and  district  courts 
shall  conform,  as  near  as  may  be,  to  the  practice,  pleadings  and 
forms  and  modes  of  proceeding  existing  at  the  time  in  like 
causes  in  the  courts  of  record  of  the  state  within  which  such 
circuit  or  district  courts  are  held."  Amy  v.  Watertoivn,  130 
U.  S.,  301. 

In  section  913  of  the  Revised  Statutes  of  the  United  States 
it  is  provided  that  ''the  forms  of  mesne  process  and  the  forms 
and  modes  of  proceeding  in  suits  of  equity  and  of  admiralty 
and  maritime  jurisdiction  in  the  circuit  and  district  courts  shall 
be  according  to  the  principles,  rules  and  usages  which  belong 
to  courts  of  equity  and  of  admiralty,  respectively,  except  when 
it  is  otherwise  provided  by  statute  or  by  the  rules  of  court  made 


iZ  PRACTICE    IN    THE    MUNICIPAL.    COURT. 

in  pursuance  thereof;  but  the  same  shall  be  subject  to  altera- 
tion and  addition  by  the  said  courts,  respectively,  and  to  the 
regulation  by  the  supreme  court,  by  rules  prescribed,  from  time 
to  time,  to  any  circuit  or  district  court,  not  inconsistent  with  the 
laws  of  the  United  States. ' '  In  pursuance  of  this  section,  which 
has  been  in  force  ever  since  1789,  the  supreme  court  of  the 
United  States  has,  by  the  adoption  of  equity  rules  and  of  ad- 
miralty rules,  regulated  the  entire  system  of  equity  and  ad- 
miralty practice  in  the  circuit  and  district  courts  of  the  United 
States  from  the  commencement  of  suits  to  their  final  determina- 
tion. 

By  the  Bankruptcy  Act  of  1898  it  is  provided  that  "all  nec- 
essary rules,  forms  and  orders  as  to  procedure  and  for  carry- 
ing this  act  into  force  and  effect  shall  be  prescribed,  and  may 
be  amended,  from  time  to  time,  by  the  supreme  court  of  the 
United  States."  In  pursuance  of  this  provision  the  supreme 
court  at  its  October  Term,  1898,  adopted  general  orders  in  bank- 
ruptcy regulating  the  entire  system  of  procedure  in  bankruptcy 
cases. 

It  will  thus  be  seen  that  the  entire  equity,  admiralty  and 
bankruptcy  practice  in  the  United  States  courts  always  has 
been  and  still  is  regulated  by  rules  adopted  by  the  supreme 
court  of  the  United  States  and  the  power  of  the  court  to  adopt 
these  rules  has  never  been  questioned,  and  that  down  to  1872 
the  entire  system  of  practice  in  the  circuit  and  district  courts 
of  the  United  States  in  common  law  cases  was  subject  to  regu- 
lation by  the  supreme,  circuit  and  district  courts  of  the  United 
States. 

Section  1  of  Article  VI  of  the  constitution  of  Maine  pro- 
vides that  "the  judicial  power  of  this  state  shall  be  vested  in 
a  supreme  court  and  such  other  courts  as  the  legislature  shall, 
from  time  to  time,  establish, ' '  and  bj^  Chapter  79  of  the  Revised 
Statutes  of  that  state  it  is  provided  that  "it  {i.  e.,  the  supreme 
judicial  court)  may  establish  and  cause  to  be  recorded  rules,  not 
repugnant  to  law,  respecting  the  modes  of  trial  and  conduct 
of  business  in  suits  at  law  and  in  equity. ' ' 

By  section  2  of  Article  VI  of  the  constitution  of  Minnesota, 
it  is  provided  that  "the  supreme  court  .  .  .  shall  have  orig- 
inal jurisdiction  in  such  remedial  cases  as  may  be  prescribed 
by  law  and  appellate  jurisdiction  in  all  cases  both  in  law  and 


PRACTICE  PROVISIONS.  73 

equity."  By  section  5  of  the  same  article  it  is  provided  that 
"the  district  courts  shall  have  original  jurisdiction  in  all  civil 
cases  both  in  law  and  equity,  where  the  amount  in  controversy 
exceeds  $100  and  in  all  criminal  cases  where  the  punishment 
shall  exceed  three  months'  imprisonment  or  a  fine  of  more  than 
$100,  and  shall  have  such  appellate  jurisdiction  as  may  be  pre- 
scribed by  law."  By  section  4886  of  the  Code  of  that  state  it 
is  provided  that  "the  judges  of  the  district  courts  .  .  .  and 
of  the  several  courts  of  common  pleas  of  the  state  shall  on  the 
first  Wednesday  of  July  next  or  on  some  day  prior  thereto 
.  .  .  meet  in  general  session  ...  in  the  city  of  St.  Paul 
and  adopt  such  general  rules  of  practice  in  civil  actions,  not 
inconsistent  with  the  constitution  and  laws  of  the  state  and 
of  the  United  States  as  will  secure  a  uniformity  of  practice 
throughout  the  state  as  may  be  deemed  necessary  and  just." 
The  code  also  makes  provision  for  an  annual  meeting  of  the 
judges  for  the  revision  of  the  rules. 

Section  4  of  Article  V  of  the  constitution  of  South  Carolina 
provides  that  "the  supreme  court  shall  have  power  to  issue 
writs  or  orders  of  injunction,  mandamus,  quo  warranto,  prohi- 
bition, certiorari,  habeas  corpus,  and  other  original  and  reme- 
dial writs.  And  said  court  shall  have  appellate  jurisdiction 
only  in  cases  of  chancery  .  .  .  and  shall  constitute  a  court 
for  the  correction  of  errors  at  law  under  such  regulations  as 
the  General  Assembly  may  by  law  prescribe."  By  section  450 
of  the  code  of  civil  procedure  of  that  state^  it  is  provided  that 
"the  justices  of  the  supreme  court  and  the  judges  of  the  cir- 
cuit court  shall  meet  in  general  convention  ...  at  least 
once  in  every  two  years  .  .  .  for  the  purpose  of  revising  and 
amending  the  rules  of  the  circuit  court  and  establishing  such 
additional  rules  as  may  be  deemed  necessary  to  regulate  the 
practice  in  the  circuit  courts:  Provided,  such  alterations  or 
additions  be  not  inconsistent  with  any  of  the  statutes  of  this 
state. ' ' 

By  section  88  of  Article  VI  of  the  constitution  of  Virginia, 
it  IS  provided  that  "the  supreme  court  of  appeals  .  .  .  shall 
have  original  jurisdiction  in  cases  of  habeas  corpus,  mandamus 
and  prohibition;  but  in  all  other  casas,  in  which  it  shall  have 
jurisdiction,  it  shall  be  appellate  jurisdiction  only."  By  sec- 
tion 3112  of  the  Code  of  that  state,  it  is  provided  that  "the 


74  PRACTICE   IN   THE   MUNICIP.\X.    COURT. 

supreme  court  of  appeals  may,  from  time  to  time,  prescribe  the 
forms  of  writs  and  make  general  regulations  for  the  practice 
of  all  the  courts;  and  may  prepare  a  system  of  rules  of  prac- 
tice and  a  system  of  pleadings  and  the  forms  of  process  to  be 
used  in  all  the  courts  of  this  state. ' ' 

By  section  3  of  Article  VII  of  the  constitution  of  Wisconsin, 
it  is  provided  that  "the  supreme  court  except  in  cases  other- 
wise provided  in  this  constitution,  shall  have  appellate  juris- 
diction only,  which  shall  be  co-extensive  with  the  state;  but  in 
no  ease  removed  to  the  supreme  court  shall  a  trial  by  jury  be 
allowed.  The  supreme  court  shall  have  a  general  superintend- 
ing control  over  all  inferior  courts;  it  shall  have  power  ta 
issue  writs  of  habeas  corpus,  mandamus,  injunction,  quo  'war- 
ranto, certiorari  and  other  original  and  remedial  writs  and  to 
hear  and  determine  the  same,"  By  section  2413  of  the  code  of 
that  state  it  is  provided  that  "the  justices  of  the  supreme  court 
shall  from  time  to  time  as  they  shall  deem  necessary  make, 
revise  and  publish  rules  of  practice  in  the  circuit  courts  and 
other  courts  having  concurrent  jurisdiction  therewith,  in  whole 
or  in  part,  and  for  regulating  the  practice  in  county  courts 
which  shall  be  uniform  throughout  the  state  and  not  inconsis- 
tent with  the  laws  thereof,  and  may  repeal,  amend  and  mod- 
ify the  same  as  they  may  deem  necessarj'. ' ' 

Section  5  of  Article  VI  of  the  constitution  of  Michigan  pro- 
vides that  "the  supreme  court  shall,  by  general  rules,  estab- 
lish, modify  and  amend  the  practice  in  such  court  and  in  the 
circuit  coui-ts  and  simplify  the  same."  By  section  5232 
of  the  Compiled  Laws  of  the  same  state  it  is  pro- 
vided that  "the  supreme  court  of  this  state  shall  have 
power  from  time  to  time  to  make  uniform  rules  for  regulating 
the  proceedings  in  all  the  probate  courts  of  the  state,  and  to 
alter,  amend  or  modify  the  same  as  it  may  judge  necessary 
in  all  cases  expressly  provided  by  law."  Other  sections  of  the 
Compiled  Laws,  such  as  4912,  4921,  4927,  4945,  5069,  5088, 
5089,  5181,  5591,  5592,  5795,  5904,  6059,  6688  and  6692,  confer 
upon  the  court  similar  powers  with  respect  to  the  making  of 
rules  for  inferior  courts. 

In  Wayman  v.  Southard,  10  Wheaton,  1,  42,  Chief  Justice 
Marshall  says:  "It  will  not  be  contended,  that  Congress  can 
delegate  to  the  courts,  or  to  any  other  tribunal,  powers  which 


PRACTICE  PROVISIONS.  75 

are  strictly  and  exclusively  legislative.  But  Congress  may  cer- 
tainly delegate  to  others,  powers  which  the  legislature  may 
rightfully  exercise  itself.  Without  going  further  for  example, 
we  will  take  that,  the  legality  of  which  the  counsel  for  the 
defendants  admit.  The  17th  section  of  the  Judiciary  Act  and 
the  seventh  section  of  the  additional  act  empower  the  courts 
respectively  to  regulate  their  practice.  It  certainly  will  not 
be  contended,  that  this  might  not  be  done  by  Congress.  The 
courts,  for  example,  may  make  rules  directing  the  returning 
of  writs  of  process,  the  filing  of  declarations  and  other  plead- 
ings, and  other  things  of  the  same  description.  It  will  not  be 
contended,  that  these  things  might  not  be  done  by  the  legisla- 
ture without  the  intervention  of  the  courts ;  yet  it  is  alleged  that 
the  power  may  not  be  conferred  upon  the  judicial  department. 
The  line  has  not  been  exactly  drawn  which  separates  those  im- 
portant subjects,  which  must  be  entirely  regulated  by  the  legis- 
lature itself,  from  those  of  less  interest,  in  which  a  general  pro- 
vision may  be  made,  and  power  given  to  those  who  are  to 
act  under  such  general  provision  to  fill  up  the  details.  To 
determine  the  character  of  the  power  given  to  the  courts  by  the 
process  act,  we  must  inquire  into  its  extent.  .  .  The  differ- 
ence between  the  departments  undoubtedly  is  that  the  legis- 
lature makes,  the  executive  executes,  and  the  judiciary  construes 
the  law;  but  the  makers  of  the  law  may  commit  something  to 
the  discretion  of  the  other  departments,  and  the  precise  boun- 
dary of  this  power  is  a  subject  of  delicate  and  difficult  inquiry 
into  which  a  court  will  not  enter  unnecessarily." 

Other  authorities  bearing  upon  this  question  are  Gamon  v. 
Fitz,  79  Pa.  St.,  303 ;  Texas  Land  Co.  v.  Williams,  48  Tex.,  602 
Baker  v.  Blood,  128  Mass.,  543;  Hughes  v.  Jackson,  12  Md. 
450;  Baker  v.  State,  84  Wis.,  584  (54  N.  W^,  1003) ;  Detroit,  G 
R.  &  W.  R.  Co.  V.  Eaton,  128  Mich.,  495    (87  N.  W.,  641) 
State  V.  Edwards,  110  N.  C,  511  (14  S.  E.,  741) ;  Hinckley  v. 
Dean,  104  111.,  630;  Beveridge  v.  Hewitt,  8  111.  App.,  467,  473 
Halloway  v.  Freeman,  22  111.,  197,  201;  Prindiville  v.  People, 
42  111.,  217;  Fisher  v.  Nat.  Bk.  of  Commerce,  73  111.,  34;  Boring 
v.  Griffith,  48  Tenn.,  456. 

The  constitutional  amendment  declares  that  the  practice  of 
the  municipal  courts  shall  be  such  as  the  General  Assembly  shall 
prescribe.     This  does  not  require  the  General  Assembly  to  pre- 


k 


76  PRACTICE    IN    THE   MUNICIPAL    COURT. 

scribe  all  the  minute  details  of  a  system  of  practice.  It  is  suffi- 
cient if  it  lays  down  a  few  general  rules  leaving  it  to  the  court 
itself  to  prescribe  the  details.  The  General  Assembly  does  in 
fact  prescribe  the  practice  when  it  enacts  that  it  shall  be  a 
practice  regulated  by  rules  of  court. 

Finally,  it  can  be  argued  with  much  force  that  the  provisions 
of  section  20,  as  well  as  all  the  other  practice  provisions  of  the 
act,  can  be  sustained  by  that  clause  of  section  34  of  Article  IV 
which  declares  that  "the  General  Assembly  may  pass  all  laws 
which  it  may  deem  requisite  to  effectually  provide  a  complete 
system  of  local  municipal  government  in  and  for  the  city  of 
Chicago."  If  the  General  Assembly  deems  it  requisite,  in  pro- 
viding a  complete  system  of  local  municipal  government  in  and 
for  the  city  of  Chicago,  that  the  rules  of  practice  of  the  munic- 
ipal court  shall  be  prescribed  by  the  judges  of  that  court  and 
by  the  supreme  court,  its  discretion  is  not  subject  to  review  by 
the  courts. 

Second.  The  provisions  of  sections  19,  22,  23  and  31  limiting 
the  power  of  the  supreme  court  and  the  appellate  courts  to  re- 
view the  decisions  of  the  municipal  court  upon  questions  of  prac- 
tice. 

What  is  included  within  the  term  practice?  This  question 
is  fully  answered  in  Fleischman  v.  Walker,  91  111.,  318.  It  was 
there  contended  that  sections  67  and  88  of  the  Practice  Act,  in 
so  far  as  they  assumed  to  increase  the  jurisdiction  of  the  appel- 
late courts  and  to  restrict  the  jurisdiction  of  the  supreme  court, 
are  in  violation  of  section  13  of  Article  IV  of  the  consti- 
tution, which  provides  that  "no  act  hereafter  passed  shall  em- 
brace more  than  one  subject  and  that  shall  be  expressed  in  the 
title."    But  the  court  said: 

"The  several  courts  of  record  in  this  State  are  either  recog- 
nized or  created  by,  or  are  authorized  to  be  created  by  the 
constitution.  The  jurisdiction  of  some  of  these  courts  is  fixed 
by  the  constitution  itself,  while  the  jurisdiction  of  others  is  left, 
under  certain  restrictions,  to  be  determined  by  the  General 
Assembly.  Of  this  latter  class  are  the  appellate  courts,  and  it 
depended  altogether  upon  the  legislative  will  whether  such  courts 
should  be  created  or  not,  and  what  appellate  jurisdiction  they 
should  have  if  created;  and  this  legislative  will  was  restricted 
only  in  these  respects;  that  such  courts  should  be  of  uniform 


PRACTICE  PROVISIONS.  77 

organization  and  jurisdiction,  and  that  their  determiaations 
should  not  be  final  in  certain  specified  cases.  The  Appellate 
Court  Act  created  such  appellate  courts,  provided  for  their 
organization,  and  gave  them  a  certain  and  uniform  jurisdiction. 
"By  sections  67  and  88  of  the  Practice  Act  this  jurisdiction 
was  increased,  and  we  see  no  valid  reason  why  this  could  not 
be  so  done.  The  mode  and  order  of  procedure  in  obtaining 
compensation  for  an  injury  by  action  or  suit  in  the  legally  es- 
tablished courts,  from  the  inception  of  such  suit  until  it  ends 
in  the  final  determination  of  the  court  of  last  resort,  is  all  com- 
prehended in  the  term  'practice.'  The  relative  jurisdictions  of 
the  several  courts;  the  modes  by  which  and  the  extent  to  which 
controversies  may  be  transferred,  for  trial  or  for  review,  from 
one  tribunal  to  another;  and,  where  several  transfers  are  al- 
lowed, the  order  of  sequence  in  such  transfers,  are  all  included 
in  what  is  called  the  practice  of  the  courts.  The  word  practice 
is  so  understood  and  treated  by  the  text  writers,  and  it  is  de- 
fined by  Bouvier  to  be  'the  form,  manner  and  order  of  con- 
ducting and  carrying  on  suits  or  prosecutions  in  the  courts 
through  their  various  stages,  according  to  the  principles  of 
law,  and  the  rules  laid  down  by  the  respective  courts.'  Said 
sections  legitimately  appertain  to  the  course  of  practice  in  the 
courts  of  record,  and  are  germane  to  the  subject  expressed  in 
the  title.  It  was  held  in  Murphy  v.  Menard,  11  Texas,  673, 
under  a  similar  constitutional  requirement,  that  an  act  'to  regu- 
late proceedings  in  the  county  court,'  properly  embraced  a  pro- 
vision giving  an  appeal  to  the  district  court,  and  regulating 
the  proceedings  therein  on  the  appeal.  See,  also,  Robinson  v. 
Skipworth,  23  Ind.,  311. 

.  "The  objection  here  made  would  apply  with  equal  or  greater 
force  to  the  matter  of  the  jurisdiction  of  circuit  courts  in  ap- 
peals from  justices  of  the  peace.  Section  12  of  Article  VI  of 
the  constitution  provides,  that  circuit  courts  shall  have  such 
appellate  jurisdiction  as  is  or  may  be  provided  by  law,  and  the 
several  circuit  court  acts  will  be  searched  in  vain  for  any  pro- 
vision giving  them  any  jurisdiction  in  the  matter  of  such  ap- 
peals. The  only  authority  for  such  appeals,  the  only  jurisdic- 
tion in  that  regard  (except  in  the  case  of  some  special  statutory 
proceedings)  will  be  found  in  chapter  79,  Revised  Statutes,  and 
the  title  to  that  act  in  no  way  purports  to  confer  jurisdiction 


78  PRACTICE    IN    THE    MUNICIPAL    COURT. 

on  the  circuit  court,  unless  it  be  held  to  be  embraced  and  ex- 
pressed in  the  word  'practice'  contained  in  such  title.  And 
yet,  it  will  hardly  be  seriously  questioned  that  circuit  courts 
have  such  appellate  jurisdiction." 

The  practice  provisions  of  the  Municipal  Court  Act  must, 
therefore,  be  viewed  in  the  light  of  this  definition  of  the  term 
"practice"  when  taken  in  connection  with  the  provisions  of 
section  34  of  Article  IV,  which  declares  that  in  case  the  offices 
of  justices  of  the  peace,  police  magistrates  and  constables  within 
the  city  are  abolished  and  the  jurisdiction  of  outside  justices  of 
the  peace  is  limited  to  the  territory  of  Cook  county  outside  of 
the  limits  of  the  city,  "the  jurisdiction  and  practice  of  said 
municipal  courts  shall  be  such  as  the  General  Assembly  shall 
prescribe"  and  the  further  provision  that  "the  General  Assem- 
bly may  pass  all  laws  which  it  may  deem  requisite  to  effectually 
provide  a  complete  system  of  local  municipal  government  in 
and  for  the  city  of  Chicago."  What  kind  of  a  law  is  "requisite 
to  effectually  provide  a  complete  system  of  local  municipal  gov- 
ernment in  and  for  the  city  of  Chicago,"  is  a  matter  confided 
exclusively  to  the  judgment  of  the  General  Assembly,  and  its 
action  in  respect  thereto  is  not  subject  to  judicial  review. 
Sanitary  District  of  Chicago  v.  Bay,  199  111.,  65, 

By  sections  19,  22  and  23  the  power  of  the  supreme  and  ap- 
pellate courts  to  review  the  decisions  of  the  municipal  court 
upon  questions  of  practice  is  so  limited  as  to  prohibit  such  re- 
views, excepting  in  cases  where  it  is  necessary  to  prevent  a  fail- 
ure of  justice.  By  section  30  a  limitation  is  placed  upon  the 
power  of  the  supreme  court  and  the  appellate  courts  to  review 
the  rulings  of  the  municipal  court  in  matters  pertaining  to  the 
empanelling  of  the  jury.  It  has  been  suggested  that  these  pro- 
visions attempt  to  regulate  by  special  legislation,  not  the  prac- 
tice of  the  municipal  court,  but  that  of  the  supreme  court  and 
of  the  appellate  courts.  But  the  provisions  in  question  are  not 
in  fact  regulations  of  the  practice  in  the  supreme  and  appellate 
courts.  They  are  regulations  of  the  practice  in  the  municipal 
court.  It  is  by  means  of  the  provisions  regulating  the  practice 
in  the  trial  courts  that  the  supreme  court  and  the  appellate 
courts  obtain  their  right  to  review  the  decisions  of  the  trial 
courts  in  respect  to  matters  of  practice  as  well  as  all  those 
matters  directl.y  concerning  the  merits  of  cases  which  are  pre- 


PRACTICE  PROVISIONS.  79 

sented  by  bills  of  exceptions.  The  principal  of  these  provisions 
are  the  following  sections  of  the  Practice  Act: 

"Sec.  59.  If,  during  the  progress  of  any  trial  in  any  civil 
cause,  either  party  shall  allege  an  exception  to  the  opinion  of 
the  court,  and  reduce  the  same  to  writing,  it  shall  be  the  duty 
of  the  judge  to  allow  said  exception,  and  sign  and  seal  the 
same,  and  the  said  exception  shall  thereupon  become  a  part  of 
the  record  of  such  cause. 

''Sec.  60.  Exceptions  taken  to  decisions  of  the  court,  upon 
the  trial  of  causes  in  which  the  parties  agree  that  both  matters 
of  law  and  fact  may  be  tried  by  the  court,  and  in  appeal  cases, 
tried  by  the  court  without  the  intervention  of  a  jury,  shall  be 
deemed  and  held  to  have  been  properly  taken  and  allowed,  and 
the  party  excepting  may  assign  for  error^  before  the  supreme 
court,  any  decision  so  excepted  to,  whether  such  decision  relates 
to  receiving  improper,  or  rejecting  proper  testimony,  or  to  the 
final  judgment  of  the  court  upon  the  law  and  the  evidence. 

"Sec.  61.  Exceptions  taken  to  decisions  of  the  court,  over- 
ruling motions  in  arrest  of  judgment,  motions  for  new  trials, 
motions  to  amend  and  for  continuances  of  causes,  shall  be  al- 
lowed; and  the  party  excepting  may  assign  for  error  any  deci- 
sion so  excepted  to." 

So  in  regulating  the  practice  in  the  municipal  court  it  was 
competent  for  the  General  Assembly  to  prescribe  what  decisions 
and  rulings  should  be  subject  to  exception  and  to  review  in  the 
supreme  and  appellate  courts  and  the  extent  of  that  review. 
Had  it  seen  fit  it  might  have  provided  that  there  should  be  no 
exceptions  to  the  decisions  of  the  court  upon  the  trial  and  no 
review  upon  appeal  or  writ  of  error  of  any  questions  other  than 
those  presented  by  the  record  without  any  bill  of  exceptions, 
or  it  might  have  provided  that  the  judge  presiding  should  cer- 
tify the  questions  of  law,  other  than  mere  questions  of  practice, 
arising  upon  the  trial,  with  his  decisions  thereon,  and  that  these 
decisions  alone  should  be  received  by  the  appellate  and  supreme 
courts.  The  provisions  in  question  are,  therefore,  regulations  of 
the  practice  in  the  municipal  court  and  not  of  that  in  the  su- 
preme court  or  appellate  courts. 

Third.  The  provisions  in  section  20  requiring  the  supreme 
court  and  the  appellate  courts  to  take  judicial  notice  of  the  rules 
of  practice  of  the  municipal  court. 


80  PRACTICE    IN    THE    MUNICIPAL.    COUKT. 

Section  20  provides  that  "the  supreme  court  and  the  appel- 
late courts  in  cases  brought  to  them  from  the  municipal  court 
by  appeal  or  writ  of  error  shall  take  judicial  notice  of  the  rules 
of  practice  from  time  to  time  in  force  in  said  municipal  court." 
It  is  suggested  that  this  also  is  an  attempt,  in  the  Municipal 
Court  Act,  to  regulate  the  practice  and  prescribe  the  duties  of 
the  supreme  court  and  of  the  appellate  courts.  This  conten- 
tion is  no  more  meritorious  than  the  one  last  above  discussed. 
The  provision  in  question  is  in  reality  merely  one  regulating, 
in  the  municipal  court,  bills  of  exceptions  and  the  written  state- 
ments or  stenographic  reports  provided  for  in  section  23.  But 
for  this  provision,  when  any  question  of  practice  arose  upon 
the  determination  of  which  the  propriety  of  a  judgment  of  the 
municipal  court  might  depend,  it  would  be  necessary  that  the 
bill  of  exceptions,  statement  or  stenographic  report,  should  set 
forth  the  rules  which  the  court  had  adopted.  Under  this  act, 
instead  of  embodying  the  rules  of  the  municipal  court  in  every 
bill  of  exceptions,  statement  or  stenographic  report,  the  munic- 
ipal court  will  officially  inform  the  appellate  courts  and  the 
supreme  court  of  its  rules  of  practice  by  transmitting  to  them 
certified  copies,  and  those  courts  will  know  quite  as  well  what 
they  are  as  if,  at  great  expense  and  trouble,  they  were  em- 
bodied in  every  bill  of  exceptions. 

Fourth.  The  provisions  in  scctixyti  23  limiting  the  time  with- 
in which  writs  of  errm-  must  be  sued  out. 

Section  23  provides  that  the  final  orders  and  judgments  of 
the  municipal  court  in  cases  of  the  fourth  and  fifth  classes  shall 
be  reviewed  by  writ  of  error  only,  and  that  the  time  within 
which  a  writ  of  error  may  be  sued  out  in  any  case  shall  be 
limited  to  thirty  days  after  the  entry  of  the  final  order  or  judg- 
ment complained  of.  It  has  been  suggested  that  this  is  not  a 
matter  of  practice  in  the  municipal  court,  but  is  a  matter  proper 
to  be  treated  only  in  a  statute  of  limitations.  This  objection  is 
answered  by  what  has  already  been  said,  as  well  as  by  the  fact 
that  the  time  within  which  appeals  must  be  prayed  and  writs 
of  error  sued  out  has  always  been  fixed  by  acts  regulating  the 
practice  of  the  courts  whose  judgments  are  sought  to  be  re- 
viewed. Thus  the  time  within  which  an  appeal  must  be  prayed 
from  a  judgment  rendered  by  a  justice  of  the  peace  is  fixed  by 
section  1  of  Article  X  of  the  act  entitled  "An  Act  to  revise  the 


PRACTICE   PROVISIONS.  81 

law  in  relation  to  justices  of  the  peace  and  constables,"  ap- 
proved June  26,  1895,  and  the  time  within  which  a  writ  of  error 
may  be  brought  to  review  a  judgment  of  a  court  of  record  is 
fixed  by  section  85  of  the  Practice  Act.  But  it  is  said  that 
section  23,  in  fixing  the  limitation  at  thirty  days,  makes  no  pro- 
vision for  a  saving  clause  in  favor  of  a  person  who  is  "an  in- 
fant, 7ion  compos  mentis,  or  under  duress."  By  reference  to 
section  19,  however,  it  will  be  seen  that  the  practice  in  the  cir- 
cuit courts  is  to  prevail  as  near  as  may  be,  in  the  municipal 
court,  excepting  to  the  extent  that  it  is  changed  by  the  act,  or 
by  the  rules  adopted  in  pursuance  thereof.  Consequently  the 
saving  clause  of  section  85  of  the  Practice  Act  is  applicable  to 
the  cases  specified  in  section  23,  and  the  entire  section  85  is 
applicable  to  the  cases  specified  in  section  22,  which  mentions 
no  limitation  at  all.  Apart  from  this,  however,  whether  or  not 
there  should,  in  such  a  case,  be  any  saving  clause  in  favor  of  a 
person  who  is  "an  infant,  non  compos  mentis,  or  under  duress" 
is  wholly  discretionary  with  the  legislative  department  of  the 
government. 

Fifth.     Those  in  sections  25,  26  and  31  relating  to  the  im- 
paneling of  jurors  in  the  municipal  court. 

Sections  25,  26  and  31  relate  to  the  impaneling  of  jurors 
in  the  municipal  court.  They  provide  that  the  jurors  shall  be 
furnished  through  the  jury  commissioners  of  Cook  county  in 
the  same  manner  and  from  the  same  lists,  as  near  as  may  be, 
as  petit  jurors  are  provided  for  the  circuit,  superior  and  crim- 
inal courts  of  Cook  county;  that  the  number  of  jurors  to  be 
summoned  from  time  to  time  shall  be  determined  by  the  chief 
justice;  that  it  shall  be  the  duty  of  the  chief  justice 
to  cause  all  the  petit  jurors  to  be  interrogated  and  their 
qualifications  inquired  into,  and  to  cause  all  persons  to  be  re- 
jected from  service  who  do  not  appear  to  possess  the  qualifica- 
tions required  by  law;  that  it  shall  be  the  duty  of  the  judge 
presiding  at  the  trial  to  examine  the  jurors  as  to  their  statu- 
tory qualifications  and  permit  the  parties  to  interrogate  them 
as  to  bias  or  prejudice,  and  that  the  only  question  respecting 
the  jury  which  can  be  raised  upon  appeal  or  writ  of  error  is 
as  to  whether  the  court  has  improperly  overruled  a  challenge 
of  a  juror  for  bias  or  prejudice.  It  is  suggested  that  these  pro- 
visions are  invalid  because  in  violation  of  section  22  of  Article 
6 


82  PRACTICE    IN    THE    MUNICIPAL.    COURT. 

IV  of  the  constitution,  which  deckires  that  the  General  Assem- 
bly shall  not  pass  local  or  special  laws  for  ' '  summoning  and  im- 
paneling grand  or  petit  juries."  This,  however,  is  merely  a 
general  iirovision  against  special  legislation,  and  it  is  modified 
and  controlled,  so  far  as  the  municipal  court  of  Chicago  is  con- 
cerned, by  the  provisions  of  section  34  of  Article  IV,  which 
permits  special  legislation  regulating  the  practice  in  the  munic- 
ipal court.  Furthermore,  it  is  to  be  observed  that  the  Munic- 
ipal Court  Act  does  not  prescribe  for  jurors  qualifications  differ- 
ent from  those  prescribed  for  jurors  in  the  circuit  courts.  It 
simply  provides  for  a  special  method  of  ascertaining  the  jurors' 
qualifications  and  for  a  limitation  upon  the  power  of  the  su- 
preme court  and  the  appellate  courts  to  review  the  rulings  of 
the  municipal  court  so  far  as  those  rulings  pertain  to  the  im- 
paneling of  petit  jurors. 

Sixth.  The  provisions  of  sections  30  and  56  affecting  the 
exercise  of  the  right  of  trial  hy  jury. 

By  section  30  it  is  provided  that  every  suit  at  law  in  the 
municipal  court,  other  than  a  case  of  the  second  class  or  a  case 
of  the  third  class,  shall  be  tried  without  a  jury  unless  the  plain- 
tiff at  the  time  he  commences  his  suit,  or  the  defendant  at  the 
time  he  enters  his  appearance,  shall  file  with  the  clerk  a  de- 
mand in  writing  of  a  trial  by  jury,  and  that  in  every  case  of 
the  third  class,  which  class  embraces  all  criminal  cases  in  which 
the  punishment  is  by  fine  or  imprisonment  otherwise  than  in 
the  penitentiary,  a  trial  by  jury  shall  be  deemed  waived  unless 
the  defendant  shall  expressly  demand  such  trial.  By  section 
56  the  party  demanding  a  trial  by  jury  is  required  to  pay  to 
the  clerk  the  sum  of  $6  in  addition  to  the  sum  which  he  would 
otherwise  be  called  upon  to  pay  at  the  time  he  commences  his 
suit,  if  he  is  the  plaintiff,  or  at  the  time  he  enters  his  appear- 
ance, if  he  is  the  defendant.  It  has  been  suggested  that  these 
provisions  are  in  violation  of  section  5  of  Article  II  of  the 
constitution,  which  declares  that  "the  right  of  trial  by  jury  as 
heretofore  enjoyed  shall  remain  inviolate."  It  will  be  ob- 
served that  neither  of  the  provisions  in  question  deprives  or 
attempts  to  deprive  either  of  the  parties  of  the  right  of  trial 
by  jury.  They  are  merely  regulations  respecting  the  exercise 
of  that  right  and  are  not  at  all  unreasonable.  To  require  the 
plaintiff  at  the  time  he  commences  his  suit,  or  the  defendant 


PRACTICE  PROVISIONS.  83 

at  the  time  he  enters  his  appearance,  when  the  case  is  one  of 
the  first,  fourth  or  fifth  class,  to  file  with  the  clerk  a  demand 
in  writing  of  a  trial  by  jury,  is  necessary  to  the  economical  and 
prompt  disposition  of  the  business  of  the  court.  These  cases 
are  to  be  set  for  trial  on  particular  days.  The  order  setting 
them  for  trial  is  to  be  entered  shortly  after  the  issues  are  made 
up  by  the  filing  of  the  defendant's  pleas  in  cases  of  the  first 
class  and  by  the  entry  of  his  appearance  in  cases  of  the  fourth 
and  fifth  classes.  Cases  to  be  tried  without  a  jury  are  to  be 
assigned  to  judges  engaged  in  the  trial  of  that  class  of  cases, 
while  those  to  be  tried  with  a  jury  are  to  be  assigned  to  other 
judges  who  are  engaged  in  conducting  jury  trials.  The  number 
of  jurors  to  be  needed  will  depend  upon  the  number  of  cases  in 
which  trials  by  jury  are  to  be  had.  Hence,  it  would  seem  to  be 
not  a  debatable  question  that  to  require  the  parties  to  give  the 
court  prompt  notification  of  the  character  of  the  trial  to  be  de- 
manded is  a  very  reasonable  and  businesslike  regulation. 

As  to  the  requirement  of  an  additional  fee  to  be  paid  the 
clerk  when  a  trial  by  jury  is  demanded,  it  is  sufficient  to  say 
that  that  is  a  matter  which  is  entirely  in  the  discretion  of  the 
General  Assembly.  In  all  counties  excepting  Cook  county,  larger 
fees  are  required  in  cases  tried  by  jury  than  in  those  tried 
without  a  jury.  It  is,  of  course,  not  contended  that  it  is  un- 
constitutional to  require  of  a  party  commencing  a  suit  or  en- 
tering his  appearance  to  make  an  advance  payment  of  costs. 
The  costs  he  thus  advances,  in  case  of  a  successful  termination 
of  the  suit  in  his  favor,  he  will  obtain  judgment  for  against  the 
opposite  party.  Nor  is  there  anything  unreasonable  in  requir- 
ing a  party  who  demands  a  trial  by  jury,  which  requires  the 
city  to  keep  on  hand  a  panel  of  twenty-four  jurymen  at  $2  a 
day  each,  to  make  a  larger  advance  payment  than  one  who  does 
not  insist  upon  this  mode  of  trial. 

Section  5368  of  the  Minnesota  Statutes  provides  as  follows: 
"Before  a  jury  is  sworn  the  plaintiff  shall  pay  to  the  clerk 
three  dollars  as  a  jury  fee,  which  shall  be  immediately  paid  by 
the  clerk  to  the  treasurer  of  the  county."  In  Adams  v,  Cor- 
riston,  7  Minn.,  456,  it  was  held  that  a  provision  of  this  kind 
was  constitutional. 

In  Corneau  v.  Geis,  73  Cal.,  176,  it  was  held  that  a  rule  of 
the  superior  court  requiring  a  party  demanding  a  trial  by  jury 


84  PRACTICE    IN    THE    MUNICIPAL    COURT. 

to  deposit  fees  with  the  clerk  iii  advance  of  the  trial  was  a 
reasonable  regulation  of  the  mode  of  enjoyment  of  the  right  of 
trial  by  jury,  and  was  not  a  denial  or  impairment  of  the  right, 
and  that  the  party  demanding  a  jury  trial,  upon  refusing  to 
comply  with  the  rule,  waived  his  right  to  a  jury.  In  its  opin- 
ion the  court  cited,  as  supporting  its  views,  Biddle  v.  Cone,  13 
S.  &  R.,  410;  Keddie  v.  Mo&re,  2  Murph.,  45;  Beers  v.  Beers. 
4  Conn,,  539 ;  Jones  v.  Eohhins,  8  Gray,  341 ;  Flint  River  Co.  v. 
Foster,  5  Ga.,  195;  Marford  v.  Barnes,  8  Yerg.,  446;  Adams  v. 
Corriston,  7  Minn.,  456 ;  People  v.  Hoffman,  3  Mich.,  248 ;  Ran- 
dall v.  Kehlar,  60  Me.,  44,  45^  and  Venine  v.  Archibald,  3  Colo., 
165. 

The  following  authorities  also  support  the  proposition  that 
the  legislature  may  constitutionally  require  that  the  party  de- 
manding a  jury  shall  advance  the  expenses  of  the  venire:  In  re 
Marron,  60  Vt.,  199;  Conners  v.  Burlington  Railroad,  74  Iowa, 
383. 

Seventh.  The  provisions  in  section  39  regulating  applica- 
tions for  changes  of  venue. 

By  section  39  applications  for  changes  of  venue  in  cases  of 
the  third,  fourth  and  fifth  classes  can  only  specify  one  judge 
from  whom  the  chatige  of  venue  is  desired,  and  the  application 
in  civil  cases  must  be  filed  at  or  before  the  entry  of  the  defend- 
ant's appearance,  if  the  suit  is  a  civil  suit,  or  at  or  before  the 
time  the  defendant  is  required  to  plead,  if  the  suit  is  a  crim- 
inal suit.  It  is  suggested  that  this  provision  violates  Section  22 
of  Article  IV  of  the  constitution,  which  declares  that  the  Gen- 
eral Assembly  shall  not  pass  local  or  special  laws  "providing 
for  changes  of  venue  in  civil  and  criminal  cases."  But  as  al- 
ready indicated  above,  section  22  of  Article  IV  is  controlled 
by  the  provisions  of  section  34  of  Article  IV,  by  which  full 
power  is  given  the  General  Assembly  to  regulate,  by  special  law, 
the  practice  of  the  municipal  court,  "practice,"  of  course,  in- 
cluding applications  for  changes  of  venue,  which  are  parts  of 
*'the  mode  or  order  of  procedure  in  obtaining  compensation  for 
an  injury  by  action  or  suit  in  the  legally  established  courts, 
from  the  inception  of  such  suit  until  it  ends  in  the  final  de- 
termination of  the  court  of  last  resort. ' '  Fleischman  v.  Walker, 
91  111.,  318,  supra. 

With  respect  to  all  of  the  above  mentioned  questions  of  prac- 


PRACTICE  PROVISIONS.  85 

tice  it  is  also  to  be  observed  that  the  prohibition  of  section  22 
of  Article  IV  of  the  constitution  against  special  legislation 
"regulating  the  practice  in  courts  of  justice"  does  not  deprive 
the  General  Assembly  of  the  power  to  prescribe  different  rules 
for  each  class  or  grade  of  courts,  provided  those  rules  are  uni- 
form as  to  all  courts  of  the  same  class  or  grade.  "The  Munic- 
ipal Court  of  Chicago"  is  in  a  class  or  grade  by  itself,  and 
hence  its  practice  would  not  be  required  to  be  uniform  with 
that  of  courts  of  other  grades  or  classes,  even  were  the  amend- 
ment of  1904  not  a  part  of  the  constitution. 


PART  11.    THE  PRACTICE  IN  CIVIL  CASES. 

CHAPTER    I. 

CASES  OF  THE  FIRST   CLASS. 

Cases  of  this  class,  iu  wliicli  the  court  is  given  jurisdiction 
without  auy  maximum  limit  as  to  the  amount  involved,  are  the 
following : 

1.  All  actions  on  contracts,  exi)ress  or  implied,  when  the 
amount  claimed  by  the  plaintiff  exceeds  one  thousand  dollars 
($1,000).  Under  this  designation  are  included  all  forms  of 
the  common  law  actions  of  account,  assumpsit  and  covenant,  aiid 
all  actions  of  debt  brought  on  contracts,  express  or  implied. 

2.  All  actions  for  the  recovery  of  person-al  property,  when 
the  value  of  the  property  sought  to  be  recovered,  as  claimed  by 
the  plaintiff,  exceeds  one  thousand  dollars  ($1,000).  Under  this 
designation  is  included  the  action  of  replevin. 

3.  All  actions  for  the  recovery  of  damages  for  the  conver- 
sion of  personal  property,  when  the  amount  of  damages  sought 
to  be  recovered,  as  claimed  by  the  plaintiff,  exceeds  one  thou- 
sand dollars  ($1,000).  Under  this  designation  is  included  the 
action  of  trover. 

4.  All  actions  for  the  recovery  of  damages  for  injury  to  per- 
sonal property,  when  the  amount  of  damages  sought  to  be  re- 
covered, as  claimed  by  the  plaintiff,  exceeds  one  thousand  dol- 
lars ($1,000).  Under  this  designation  are  included  the  follow- 
ing actions : 

a.  Case,  when  brouglit  against  the  owner  or  person  conduct- 
ing a  vehicle,  ear,  ship  or  other  conveyance,  for  negligence  re- 
sulting in  injuries  to  goods  or  chattels;  against  a  carrier  or  an 
innkeeper  for  loss  of  or  injury  to  goods  or  chattels,  or  any  neg- 
lect of  duty  with  respect  thereto;  against  an  attorney  for  neg- 
ligence in  the  conducting  of  a  cause,  or  in  respect  to  any  other 
duty  to  a  client;  against  a  sheriff,  bailiff  or  other  officer  for 

86 


CASES  OP  THE  FIRST  CLASS.  87 

negligence  in  the  execution  of  process,  or  for  an  illegal  levy, 
or  other  wrongful  act  connected  therewith,  or  for  an  escape,  or 
for  a  false  return,  or  for  not  taking  a  bond,  or  for  taking  an 
insufficient  bond,  or  for  any  other  Avrongful  or  negligent  act 
with  respect  to  a  bond;  against  a  bailee  of  personal  property 
for  negligence  or  neglect  of  duty  with  respect  thereto;  against 
a  defendant  for  deceit  connected  with  the  purchase  or 
sale  of  real  or  personal  property,  or  for  any  other  deceit  result- 
ing in  loss  to  tlie  plaintiff;  against  a  landlord  or  other  person 
for  an  illegal  distress,  or  other  wrongful  act  connected  there- 
with; against  a  defendant  for  receiving,  or  for  a  pound  breach 
of,  cattle  taken  damage  feasant,  or  for  the  rescue  of  a  person 
-arrested  on  mesne  process;  against  a  defendant  for  not  obeying 
a  subpoena;  against  a  defendant  for  infringing  a  copyright; 
against  a  defendant  for  an.y  other  injury  known  in  law  as  an 
injury  to  personal  property. 

h.  Trespass,  when  brought  against  a  defendant  for  chasing 
sheep;  for  seizing  personal  property,  or  for  any  direct  injury 
to  personal  property. 

The  term  '"injury  to  personal  property,"  as  used  in  this  sec- 
tion, has  the  meaning  in  which  it  is  employed  in  judicial  deci- 
sions and  by  common  law  text  writers.  See  Chitty's  Plead- 
ings (11th  Am.  Ed.),  Vol.  I,  pp.  134-139,  1G8-173,  and  Vol.  II, 
pp.  650a-768  and  858-863,  as  to  cases  brought  for  injuries  to 
personal  property. 

The  actions  of  which  the  court  does  not  have  jurisdiction 
when  the  amount  claimed  by  the  plaintiff,  in  money  or  prop- 
erty, exceeds  one  thousand  dollars  ($1,000)  include  the  follow- 
ing: 

1.  Actions  of  ejectment,  of  which  it  has  no  jurisdiction,  what- 
ever be  the  value  of  the  property  involved. 

2.  Actions  for  injuries  to  real  property. 

3.  Actions  for  injuries  to  the  person,  among  which  are  ac- 
tions for  negligence  resulting  in  personal  injuries,  assault  and 
battery,  libel,  slander,  false  imprisonment  and  malicious  prose- 
cution. 

4.  Actions  of  debt  brought  for  statutory  penalties,  and  qui 
tarn  actions. 

In  all  of  these  last  mentioned  cases  excepting  ejectment,  how- 
ever, it  has  jurisdiction  when  the  amount  claimed  by  the  plain- 


88  PRACTICE   IN   THE   MUNICIPAL   COURT. 

tiff,  in  money  or  property,  does  not  exceed  one  thousand  dol- 
lars ($1,000),  they  being  included  among  cases  of  the  fourth 
and  fifth  classes. 

In  respect  to  cases  of  the  first  class  it  will  be  seen  that  the 
amount  involved,  for  the  purpose  of  determining  the  classifica- 
tion, is  the  amount  claimed  by  the  plaintiff.  If  this  amount  ex- 
ceeds one  thousand  dollars  ($1,000),  the  case  is  one  of  the  first 
class,  although  the  amount  of  the  recovery  is  less  than  one 
thousand  dollars  ($1,000). 

The  practice  in  all  cases  of  the  first  class,  in  accordance  with 
the  provisions  of  section  28  of  the  Municipal  Court  Act  will 
be  the  same  as  in  similar  cases  in  the  circuit  courts,  excepting 
in  the  following  particulars: 

First.  The  first  process,  whether  a  summons  or  a  writ,  is  to 
be  directed  to  the  bailiff  to  execute  and  is  to  be  returnable  on 
some  Monday  at  least  ten  days,  and  not  more  than  thirty  days, 
after  the  date  thereof.  This  change  from  the  circuit  court  prac- 
tice is  made  necessary  by  the  fact  that  there  are  to  be  no  stated 
terms  of  the  municipal  court  (section  21),  but  the  court  is  to 
be  always  open  for  the  transaction  of  business.     (Section  28.) 

Second.  Service  of  the  summons  or  writ  upon  an  individual 
defendant  is  to  be  made  by  delivering  to  him  a  copy  thereof 
and  informing  him  of  its  contents.  Service  of  the  summons  or 
writ  upon  a  corporation  is  to  be  made  in  the  manner  provided 
by  law  for  a  similar  case  in  the  circuit  court.     (Section  28.) 

Third.  When  a  defendant  is  notified  of  the  pendency  of  the 
suit  by  publication,  the  notice  must  state  the  date  on  or  before 
which  the  defendant  is  required  to  appear,  which  date  is  to  be 
some  Monday  not  less  than  forty  days  nor  more  than  sixty  days 
after  the  date  of  the  first  publication,  as  the  plaintiff  may  re- 
quire.    (Section  28.) 

Fourth.  Suits  other  than  attachment  suits  cannot  be  brought 
against  a  defendant,  if  there  be  but  one  defendant,  unless  he 
resides  or  is  found  within  the  city  of  Chicago,  or  if  the  de- 
fendant be  a  corporation,  unless  (a)  its  principal  office  is  within 
the  city  of  Chicago,  or  (b)  service  of  process  may  be  had  within 
the  city  upon  some  ofiicer,  agent  or  employe  of  such  corpora- 
tion upon  whom  service  of  process  might  be  had,  if  issued  in 
a  suit  commenced  in  the  circuit  court.  (Section  28.  See  also 
Hurd's  R.  S.  of  1905,  ch.  110,  par.  5,  p.  1531.) 


CASES  OP  THE  FIRST  CLASS,  89 

Fifth.  'An  attachment  suit  may  be  brought  in  the  municipal 
court  against  a  non-resident  of  the  State  when  any  of  his  prop- 
erty is  levied  upon  or  any  garnishee  resides  or  is  found  within 
the  city  of  Chicago.  But  no  attachment  suit,  whatever  be  the 
ground  of  the  attachment,  can  be  brought  in  the  municipal 
court  against  any  resident  of  the  State  unless  he  resides  or  is 
found  within  the  city  of  Chicago,  or  unless  he  is  one  of  several 
defendants,  one  of  whom  resides  or  is  found  in  the  city  of  Chi- 
cago.    (Section  28.) 

Sixth.  A  summons  or  writ  cannot  be  issued  to  the  sheriff 
of  Cook  county  for  any  defendant  residing  therein  but  outside 
of  the  city  of  Chicago,  or  to  the  sheriff  of  any  other  county  for 
any  defendant  residing  in  such  county,  unless  there  are  several 
defendants,  one  of  whom  resides  or  is  found  within  the  city  of 
Chicago,  and  no  judgment  can  in  any  case  be  rendered  against 
any  defendant  served  with  process  outside  of  the  city  of  Chi- 
cago, unless  judgment  be  also  rendered  against  the  defendant 
served  within  said  city.     (Section  28.) 

Seventh.  The  plaintiff  is  to  file  his  declaration  within  five 
days  after  the  commencement  of  the  suit,  in  default  of  which 
the  suit  is  to  be  dismissed,  unless  the  time  for  filing  the  declara- 
tion is  extended  by  the  court.  An  order  extending  the  time 
for  filing  the  declaration  may  be  entered  either  before  or  after 
the  expiration  of  the  five  days.     (Section  28.) 

Eighth.  If  the  defendant  is  served  with  process  five  days 
or  more  prior  to  the  return  day  he  must  demur  or  plead  to  the 
declaration  or  complaint  on  or  before  the  Monday  succeeding 
the  return  day.  But  in  case  the  summons  or  writ  is  served  less 
than  five  days  prior  to  the  return  day,  he  is  not  required  to 
plead  until  on  or  before  the  second  Monday  after  the  return 
day.  If  the  court  extends  the  time  for  filing  the  declaration 
the  defendant's  time  for  demurring  or  pleading  is  to  be  ex- 
tended until  the  second  Monday  succeeding  the  expiration  of 
such  extension  of  time.  The  court  in  its  discretion  may  extend 
the  time  within  which  the  defendant  is  required  to  demur  or 
plead.     (Section  28.) 

Ninth.  No  case  is  to  be  tried  by  jury  unless  the  plaintiff 
at  the  time  he  commences  his  suit,  or  the  defendant  at  the 
time  he  enters  his  appearance,  files  with  the  clerk  a  demand  in 
writing  of  a  trial  by  jury,  which  demand,  however,  may  be 


90  PRACTICE    IN    THE    MUNICIPAL    COURT. 

withdrawn  by  the  party  filing  the  same  at  any  time  before  the 
trial.     (Section  30.) 

Tenth.  All  judgments  and  orders  become  final  after  the  lapse 
of  thirty  days  from  the  entry  thereof.  During  such  thirty  days 
they  are  subject  to  be  vacated,  set  aside  or  modified  in  the 
same  manner  and  to  the  same  extent  as  judgments,  decrees,  or 
orders  of  a  circuit  court  diu-iug  the  term  at  which  the  same 
were  rendered.     (Section  21.) 

Eleventh.  In  trials  by  jury  the  judge  presiding  at  the  trial 
is  required  to  examine  or  cause  to  be  examined  all  jurors  called 
into  the  jury  box  with  respect  to  their  statutory  qualifications, 
and  to  permit  the  parties  to  propound  to  the  jurors  such  per- 
tinent questions  as  may  be  necessary  for  the  purpose  of  ascer- 
taining whether  the  jurors  are  biased  or  prejudiced.  The  only 
rulings  of  the  court  with  respect  to  the  impaneling  of  the  jury 
which  may  be  reviewed  upon  appeal  or  writ  of  error  are  those 
which  are  claimed  to  have  improperly  restricted  the  right  of 
the  defendant  to  examine  the  jurors  as  to  bias  or  prejudice,  or 
by  which  a  challenge  by  the  defendant  of  a  juror  for  bias  or 
prejudice  has  been  improperly  overruled.     (Section  31.) 

Tivelfth.  Orders  in  pending  cases  may  be  made  by  any  judge 
at  any  place  within  the  city  of  Chicago  upon  the  application 
of  either  party  and  upon  reasonable  notice  to  the  opposite  party 
whenever,  in  the  opinion  of  the  judge,  the  granting  of  the 
order  at  such  place  is  in  furtherance  of  justice.  Orders  thus 
made  are  to  be  as  effective  as  if  made  in  any  court  room  or  in 
the  chambers  of  the  judge.     (Section  35.) 

Thirteenth.  The  order  in  which  cases  are  to  be  tried  and 
the  classification  and  distribution  of  cases  upon  the  different 
calendars  are  to  be  determined  by  the  chief  justice,  or  by  such 
rules  as  may  be  adopted  by  the  judges  under  the  provisions 
of  the  act.  The  trial  of  a  case  may  be  advanced  by  order  of 
the  chief  justice  w^henever  in  his  opinion  circumstances  justify 
it.     (Sections  8  and  36.) 

Fourteenth.  The  charge  to  the  jury  in  cases  tried  by  jury 
may,  in  the  discretion  of  the  court,  be  given  orally,  and,  when 
so  given,  it  is  to  be  taken  down  in  shorthand  and  at  the  request 
of  either  party  a  transcript  thereof  is  to  be  made  and  filed  in 
the  cause  in  which  the  charge  is  given  and  made  a  part  of  the 
record  thereof.    When  an  oral  charge  is  given  exceptions  there- 


CASES  OP  THE  FIRST  CLASS.  91 

to  will  be  required  to  be  taken  before  the  jury  retire  in  order 
that  erroneous  statements  of  the  judge  as  to  the  law,  which  are 
the  result  of  inadvertence,  may  be  then  and  there  corrected.  The 
parties  will,  of  course,  be  permitted  to  present  to  the  judge, 
either  orally  or  in  writing,  requests  to  charge,  which  will  be 
duly  considered  and  passed  upon  by  him,  and  exceptions  may 
be  taken  to  refusals  to  charge  as  requested.     (Section  37.) 

Fifteenth.  The  provisions  for  changes  of  venue  made  ap- 
plicable in  the  circuit  courts  will  be  applicable  in  the  munic- 
ipal court,  excepting  those  which  make  a  distinction  between 
applications  at  the  first  term  of  court  and  those  made  at  sub- 
sequent terms.  There  being  no  terms  in  the  municipal  court, 
every  application  for  a  change  of  venue  in  a  case  of  the  first 
class  should,  and  doubtless  will  be,  treated  as  though  it  were  one 
made  at  the  first  term  in  a  circuit  court.  This  will  give  the 
parties  a  reasonable  opportunity  to  avoid  a  trial  before  a  judge 
whom  they  regard  as  prejudiced,  without  delaying  the  trial  of 
the  cause  which  may  be  had  immediately  before  another  judge. 
(Section  39.) 

Sixteenth.  At  any  time  before  the  trial  the  court  may  per- 
mit the  filing  of  interrogatories  to  be  answered  by  any  party  to 
the  suit  or  any  person  for  whose  immediate  benefit  the  suit  is 
prosecuted  or  defended,  or  by  the  directors,  officers,  superin- 
tendent or  managing  agents  of  any  corporation  which  is  a  party 
to  the  record,  at  the  instance  of  the  adverse  party  or  parties, 
or  any  of  them,  and  require  an  answer  under  oath  to  all  such 
interrogatories  as  the  party  to  be  interrogated  might  be  re- 
quired to  answer  if  called  as  a  witness  upon  the  trial.  The 
party  filing  the  interrogatories  is  not  to  be  concluded  by  the 
answers  thereto  if  he  elects  to  introduce  them,  or  any  or 
either  of  them,  upon  the  trial.     (Section  32.) 

Seventeenth,.  Upon  the  trial  any  party  to  the  suit,  or  any 
person  for  whose  immediate  benefit  it  is  prosecuted  or  defend- 
ed, or  the  directors,  officers,  superintendent  or  managing  agents 
of  any  corporation  which  is  a  party  to  the  record,  may  be  ex- 
amined as  if  under  cross-examination,  at  the  instance  of  the 
adverse  party  or  parties  or  any  of  them,  and  for  that  purpose 
may  be  compelled,  in  the  same  manner  and  subject  to  the  same 
rules  for  examination  as  any  other  witness,  to  testify,  but  the 
party  calling  for  such  examination  is  not  to  be  concluded  there- 


92  PRACTICE    IN    THE    MUNICIPAL    COURT. 

by  but  may  rebut  the  testimony  thus  given  by  counter  testi- 
mony.    (Section  33.) 

Eighteenth.  Upon  the  hearing  of  any  interlocutory  or  other 
motion  or  application,  other  than  one  for  a  change  of  venue, 
the  court  may,  in  its  discretion,  require  the  evidence  to  be  pre- 
sented by  the  oral  examination  of  witnesses  in  open  court  or 
otherwise,  and  may  make  all  necessary  orders  for  such  oral 
examination.     (Section  34.) 

Nineteenth.  Bills  of  exceptions  will  not  be  defective  if 
signed  by  the  judge,  although  "he  may  omit  to  affix  his  seal 
thereto.     (Section  34.) 

Twentieth.  An  erroneous  ruling  made  by  the  municipal  court 
against  the  objection  of  the  party  complaining  thereof,  although 
not  formally  excepted  to,  will  be  subject  to  review  upon  appeal 
or  writ  of  error  to  the  same  extent  and  in  like  manner  as  if  it 
appeared  that  a  formal  exception  had  been  taken.  (Section 
38.) 

Twenty-first.  Upon  the  prosecution  of  an  appeal  or  writ  of 
error  the  original  bill  of  exceptions,  in  lieu  of  a  certified  copy 
thereof,  will  be  inserted  in  the  transcript  unless  the  municipal 
court  otherwise  directs,  and  upon  the  final  determination  of  the 
appeal  or  writ  of  error  the  original  bill  of  exceptions  will  be 
remitted  to  the  municipal  court.  (Section  38.)  By  the  law 
now  in  force  the  original  bill  of  exceptions  can  only  be  inserted 
in  the  transcript  with  the  consent  of  the  opposite  party,  and 
when  so  inserted  it  remains  in  the  appellate  or  supreme  court, 
with  the  result  that  if  needed  upon  a  subsequent  trial  the  party 
who  desires  to  use  it  is  put  to  the  expense  of  obtaining  a  certi- 
fied copy. 

Twenty-second.  Appeals  must  be  prayed  for  within  twenty 
days  after  the  entry  of  the  order  or  judgment  appealed  from. 
(Section  22.) 

Twenty-third.  No  assignment  of  error  in  the  supreme  court 
or  in  the  appellate  court  is  to  be  allowed  which  shall  call  in 
question  the  decision  of  the  municipal  court  in  respect  to  any 
matter  pertaining  to  the  practice  in  said  court,  but  the  supreme 
court  or  the  appellate  court  may  grant  relief  from  any  error 
of  the  municipal  court,  in  respect  to  a  matter  of  practice  there- 
in, in  any  case  where,  in  the  opinion  of  the  supreme  court  or 


CASES  OF  THE  FIRST  CLASS.  93 

appellate  court,  such  relief  is  necessary  to  prevent  a  failure  of 
justice.     (Section  22.) 

Twenty-fourth.  If,  in  any  case,  the  method  of  procedure  in 
vogue  in  the  circuit  court  is,  in  the  opinion  of  the  judges  of  the 
municipal  court,  not  applicable  and  no  special  provision  is  made 
therefor  in  the  Municipal  Court  Act,  the  court  may,  in  con- 
ducting and  disposing  of  the  same,  adopt  such  method  as  may 
appear  to  be  proper  for  the  just  determination  of  the  rights 
of  the  parties.     (Section  51.) 

Twenty-fifth.  A  money  judgment,  when  no  execution  issued 
thereon  is  outstanding,  may  be  satisfied  by  the  payment  by  the 
party  against  whom  the  same  has  been  rendered  of  the  amount 
thereof  to  the  clerk.     (Section  53.) 

Twenty-sixth.  The  court  will  take  judicial  notice,  first,  of  all 
general  ordinances  of  the  city  of  Chicago  and  of  all  general 
ordinances  of  every  municipal  corporation  situated  in  whole  or 
in  part  within  the  limits  of  the  city  of  Chicago,  and,  second,  of 
all  laws  of  a  public  nature  enacted  by  any  state  or  territory  of 
the  United  States.     (Section  54.) 

Twenty-seventh.  The  records  in  all  such  cases  will  be  kept  in 
an  abbreviated  form.     (Section  62.) 

Twenty-eighth.  Judgments  will  be  liens  upon  real  estate  only 
within  the  city  limits,  but  may  be  made  liens  upon  real  estate 
in  Cook  county  outside  of  the  city  limits  by  the  filing  of  certi- 
fied transcripts  in  the  office  of  the  recorder  of  Cook  county. 
Executions  to  be  served  and  levied  within  the  city  limits  will  be 
directed  to  the  bailiff,  but,  if  to  be  served  in  Cook  county  out- 
side of  the  city  limits,  they  will  be  directed  to  the  sheriff  of 
Cook  county  and,  if  they  are  to  be  served  and  levied  in  some 
other  county  than  Cook,  they  will  be  directed  to  the  sheriff  of 
such  county.     (Section  63.) 


CHAPTER  II. 
CIVIL  CASES  OF  THE  SECOND  CLASS. 

In  cases  of  the  second  class  are  included  all  suits  of  every 
kind  or  nature,  whether  civil  or  criminal,  or  whether  at  law 
or  in  equity,  which  may  be  transferred  to  the  municipal  court 
by  change  of  venue  or  otherwise,  by  the  circuit  court  of  Cook 
county  or  by  the  superior  court  of  Cook  county,  or  by  the  crim- 
inal court  of  Cook  county,  for  trial  and  disposition.  (Para- 
graph second  of  Section  2.) 

The  circuit  court  of  Cook  county  or  the  superior  court  of 
Cook  county  may,  upon  the  application  of  either  party  for  a 
change  of  venue,  and  shall  upon  the  request  of  both  parties 
to  any  suit  at  law  or  in  equity  pending  therein,  transfer  said 
suit  to  the  municipal  court  for  trial  and  disposition.  In  any 
case  so  transferred,  the  municipal  court  is  to  exercise  the  same 
powers  as  the  court  from  which  the  case  has  been  transferred 
might  have  exercised,  had  said  case  not  been  so  transferred. 
(Section  24.) 

The  criminal  court  of  Cook  county  may,  in  its  discretion, 
upon  the  request  of  the  state's  attorney  or  of  any  defendant, 
transfer  to  the  municipal  court  for  trial  and  disposition  any 
case  therein  pending  and  shall  have  power  to  make  all  orders 
which  it  may  deem  necessaiy  to  accomplish  such  transfer  and 
secure  the  attendance  of  the  parties  and  witnesses  upon  said 
municipal  court  until  the  final  disposition  of  the  case,  and  said 
municipal  court,  when  any  criminal  case  shall  have  been  so 
transferred  to  it,  shall  exercise  all  the  powers  with  respect  to 
the  trial  and  disposition  of  said  case  which  the  said  criminal 
court  of  Cook  county  might  have  exercised  had  said  case  not 
been  transferred.  All  judgments  of  conviction  in  criminal  cases 
in  said  municipal  court  where  the  punishment  inflicted  is  death 
or  imprisonment,  shall  be  carried  into  execution  in  the  same 
manner  as  is  provided  by  law  for  similar  cases  in  said  criminal 
court  of  Cook  county.  The  prosecution  of  all  criminal  cases  in 
the  municipal  court  shall  be  conducted  by  or  under  the  super- 
vision of  the  state's  attorney  of  Cook  county,  but  in  any  case 

94 


CIVIL   CASES — SECOND   CLASS.  95 

in  which  the  state's  attorney  is  disqualified  from  acting  or  is 
unable  to  act,  the  court  may  appoint  some  attorney  at  law  of 
Cook  county  to  act  as  prosecuting  attorney  in  such  case.  (Sec- 
tion 24.) 

Some  doubt  respecting  the  methods  of  procedure  to  be  pur- 
sued in  cases  of  the  second  class  is  created  by  the  concluding 
provision  of  section  24,  which  reads  as  follows: 

**In  all  cases  transferred  as  aforesaid  to  said  municipal  court 
the  practice  in  respect  to  the  trial  and  disposition  thereof  shall 
be  the  same  as  that  prevailing  in  the  respective  courts  from 
which  the  same  have  been  transferred,  unless  the  parties  shall 
consent  that  the  trial  and  disposition  thereof  shall  be  governed 
by  the  rules  of  practice  prevailing  in  said  municipal  court  in 
cases  commenced  therein." 

Does  this  mean  that  in  cases  transferred  to  the  municipal 
court  from  the  circuit,  superior  or  criminal  court  of  Cook  coun- 
ty, the  methods  of  procedure  in  the  municipal  court  shall  be  pre- 
cisely the  same  in  all  respects  as  those  permissible  in  the  re- 
spective courts  from  which  the  transfers  have  been  made?  If 
this  question  be  answered  in  the  affirmative,  it  means  that  the 
following  provisions  of  the  Act  will  be  inapplicable  in  cases  of 
the  second  class: 

First.  The  provisions  of  section  31  with  respect  to  the  im- 
paneling of  jurors  for  the  trial  of  cases. 

Second.  The  provisions  of  section  32  in  reference  to  the 
filing  of  interrogatories  before  the  trial  or  hearing. 

Third.  The  provisions  of  section  33  for  the  cross-examina- 
tion of  an  adverse  party. 

Fourth.  The  provisions  of  section  34  for  the  hearing  of  oral 
evidence  in  open  court  in  support  of  or  in  opposition  to  any 
interlocutorj'^  or  other  motion  or  application. 

Fifth.  The  provisions  in  section  35  in  reference  to  the  power 
of  a  judge  of  the  municipal  court  to  sign  or  make  orders  at 
any  place  within  the  city  limits. 

Sixth.  The  provisions  in  section  37  authorizing  the  court  to 
charge  the  juiy  orally. 

Seventh.  The  provisions  of  section  54  requiring  the  munic- 
ipal court  to  take  judicial  notice  of  all  general  ordinances  of 
every  municipal  corporation  situated,  in  whole  or  in  part,  with- 
in the  limits  of  the  city  of  Chicago,  and  of  all  laws  of  a  public 
nature  enacted  by  any  state  or  territory  of  the  United  States. 


96  PRACTICE    IN    TUK    MUNICIPAL    COURT. 

If  such  were  the  intention  of  the  Act  it  is  not  perceived  what 
useful  purpose  could  possibly  be  accomplished  by  authorizing? 
the  transfer  of  cases  from  the  circuit,  superior  or  criminal  court 
to  the  municipal  court.  It  is  the  opinion  of  the  writer,  however, 
that  whatever  may  have  been  the  intention  of  those  who  caused 
the  insertion  in  the  act  of  the  concluding  clause  of  section  24, 
its  provisions  do  not  forbid  the  application  by  the  municipal 
court  in  cases  of  the  second  class  of  the  above  mentioned  pro- 
visions of  sections  31,  32,  33,  34,  35,  37  and  54,  for  the  reason 
that  those  sections  are  by  their  terms  made  applicable  to  all 
cases  tried  or  pending  in  the  court,  and  are  not  limited  to  those 
cases  originally  commenced  in  the  court.  Thus  the  expression 
in  section  31  is  "that  in  all  cases  tried  by  jury  in  a  municipal 
court,"  etc.;  that  in  section  32  is  "that  the  municipal  court  in 
any  civil  suit  pending  therein, ' '  etc. ;  that  in  section  33  is  "  that 
upon  the  trial  or  hearing  of  any  suit  in  the  municipal  court," 
etc.;  that  in  section  34  is  "that  whenever  in  any  suit  pending 
in  the  municipal  court  evidence  shall  be  necessary,"  etc.;  that 
in  section  35  is  that  "in  any  suit  pending  in  the  municipal 
court,"  etc.,  while  that  in  section  37  is  "that  in  jury  trials  in 
the  municipal  court  the  court  shall  charge  the  jury,"  etc.  There 
are  certain  rules  prescribed  especially  for  cases  commenced  in 
the  municipal  court.  Thus  sections  28  and  30  prescribe  certain 
rules  of  practice  for  cases  of  first  class,  and  sections  29,  30, 
39  and  40  to  50,  both  inclusive,  prescribe  certain  rules  for  cases 
of  the  fourth  and  fifth  classes,  and  hence  there  is  good  ground 
for  the  conclusion  that  it  was  these  rules  the  General  Assembly 
intended  should  not  be  applied  in  cases  of  the  second  class, 
being  cases  transferred,  excepting  with  the  consent  of  the  par- 
ties, and  not  the  rules  prescribed  in  sections  31,  32,  33,  34,  35, 
37  and  54. 

It  is  apparent,  however,  that  this  is  merely  a  moot  question. 
By  section  19  it  is  provided  as  follow^s: 

"Said  municipal  court  shall  be  sole  judge  of  the  appli- 
cability to  the  proceedings  of  said  court  of  the  rules  of  practice 
prescribed  by  law  for  similar  cases  in  the  circuit  courts,  and 
its  decisions  in  respect  thereto  shall  not  be  subject  to  review 
upon  appeal  or  writ  of  error;  provided,  however,  that  upon 
appeal  or  writ  of  error  the  supreme  court  or  the  appellate 
court,  as  the  case  may  be,  may  grant  relief  from  any  such  deci- 


CIVIL  CASES — SECOND   CLASS.  97 

sion  in  any  ease  where,  in  the  opinion  of  the  supreme  court  or 
appellate  court,  such  relief  is  necessary  to  prevent  a  failure  of 
justice." 

By  section  22  it  is  also  provided  as  follows: 

''And  no  assignment  of  error  in  the  supreme  court  or  in  the 
appellate  court  in  any  such  case  shall  be  allowed  which  shall 
call  in  question  the  decision  of  the  municipal  court  in  respect 
to  any  matter  pertaining  to  the  practice  in  said  court:  Pro- 
vided, however,  that  the  supreme  court  or  the  appellate  court, 
as  the  case  may  be,  may  grant  relief  from  any  error  of  the 
municipal  court  in  respect  to  a  matter  of  practice  therein  in  any 
case  where,  in  the  opinion  of  the  supreme  court  or  appellate 
court,  such  relief  is  necessary  to  prevent  a  failure  of  justice. ' ' 

By  section  51  it  is  also  provided  as  follows: 

"If  the  method  of  procedure  in  any  case  within  the  juris-" 
diction  of  the  municipal  court  is  not  sufficiently  prescribed  by 
this  Act,  or  by  any  rule  of  court  adopted  in  pursuance  hereof, 
the  branch  court  in  which  the  same  is  brought,  or  proposed  to 
be  brought,  may  make  such  provision  for  the  conducting  and 
disposing  of  the  same  as  may  appear  to  the  court  proper  for 
the  just  determination  of  the  rights  of  the  parties." 

These  provisions  of  the  Act  evidence  the  intention  that  the 
efficiency  of  the  municipal  court  in  the  administration  of  jus- 
tice shall  not  be  impaired  because  of  doubts  respecting  the  true 
construction  of  the  practice  provisions  of  the  Act,  or  because  of 
mere  differences  of  opinion  respecting  the  construction  of  those 
provisions  between  the  judges  of  the  municipal  court  and  the 
judges  of  the  supreme  court  and  appellate  court.  Just  deter- 
minations of  the  rights  of  parties  litigant  are  the  chief  aim  of 
the  law  and  when  just  determinations  are  reached  the  Act  for- 
bids them  to  be  destroyed  because  of  differences  of  opinion  be- 
tween the  judges  of  different  courts  with  respect  to  the  proper 
process  employed  in  attaining  them. 

It  is  probably  safe  to  assume,  therefore,  that  the  construction 
which  may  be  placed  by  the  municipal  court  judges  upon  the 
last  clause  of  section  24  will  not  be  disapproved  by  the  supreme 
court  or  the  appellate  court. 

In  general,  then,  the  forms  of  pleadings  and  the  general  rules 
of  practice  prevailing  in  the  circuit  court  will  be  followed  in 
cases  of  the  second  class,  with  the  exception  of  those  matters  of 

7 


98  PRACTICE   IN    THE    MUNICIPAL    COURT. 

practice  covered  by  sections  31,  32,  33,  34,  35,  37  and  54,  and 
also  with  the  exception  of  the  following: 

First.  When,  after  the  transfer  of  a  case  to  the  municipal 
court,  a  new  party  is  made  defendant  the  summons  to  such 
new  party  will  be  made  returnable  upon  some  Monday  at  least 
ten  days,  and  not  more  than  thirty  days,  after  the  date  thereof, 
as  is  provided  by  the  first  clause  of  section  38  for  a  summons 
in  a  case  of  the  firet  class.  This  will  result  from  the  fact  that 
in  the  municipal  court  there  are  to  be  no  terms. 

Second.  For  the  same  reason,  in  case  a  non-resident  is  made 
a  new  party  defendant  after  the  transfer,  the  notice,  as  is  pro- 
vided by  the  third  clause  of  section  28  for  a  notice  in  a  case 
of  the  first  class,  will  specify  the  date  on  or  before  which  the 
defendant  is  required  to  appear,  which  date  will  be  some  Mon- 
day not  less  than  forty  nor  more  than  sixty  days  after  the  date 
of  the  first  publication  of  notice. 

TJiird.  In  accordance  with  section  22,  pertaining  to  the  prac- 
tice in  cases  of  appeals  from  and  writs  of  error  to  the  munic- 
ipal court,  conformity  to  the  practice  in  the  circuit  court  will, 
in  such  cases,  be  "as  near  as  may  be."  Ax:)peals  must  be  pra3^ed 
within  twenty  days  after  the  entry  of  the  order,  judgment  or 
decree  appealed  from,  and  the  supreme  court  and  the  appellate 
courts  will  only  review  the  decisions  of  the  municipal  court  in 
matters  of  practice  when  such  review  is  necessary  to  prevent  a 
failure  of  justice. 

Fourth.  In  accordance  with  section  38,  bills  of  exceptions 
need  not  show  that  erroneous  rulings  were  formally  excepted  to 
and  will  be  sufficient  though  not  sealed  hy  the  judge. 

Fifth.  The  provisions  for  changes  of  venue  made  applicable 
in  the  circuit  courts  will  be  applicable  in  the  municipal  court, 
excepting  those  which  make  a  distinction  between  applications 
at  the  first  tenn  of  court  and  those  made  at  subsequent  terms. 
There  being  no  terms  in  the  municipal  court,  every  application 
for  a  change  of  venue  in  a  case  of  the  second  class  should,  and 
doubtless  will  be,  treated  as  though  it  were  one  made  .it  the  first 
terra  in  a  circuit  court.  This  will  give  the  parties  a  reasonable 
opportunity  to  avoid  a  trial  before  a  judge  whom  they  regard 
as  prejudiced  without  delaying  the  trial  of  the  cause  which  may 
be  had  immediately  before  another  judge.     (Section  39.) 


CHAPTEE  in. 

CIVIL  CASES  OF  THE  FOURTH  AND  FIFTH  CLASSES 
IN  GENERAL. 

In  civil  ease^  of  the  fourth  and  fifth  classes  are  included  all 
suits  at  law  of  a  civil  nature,  when  the  amount  claimed  by  the 
plaintiff  in  money  or  personal  property  does  not  exceed  $1,000, 
and  forcible  detainer  cases.  The  jurisdiction  embraces  a  large 
number  of  cases  of  which  justices  of  the  peace  have  not  been 
given  jurisdiction  by  law.  Among  these  cases  are  actions  for 
injuries  to  the  person,  including  actions  for  negligence  result- 
ing in  personal  injuries,  assault  and  battery,  slander,  false  im- 
prisonment, and  malicious  prosecution,  and  qui  tarn  actions. 
There  is  also  included  in  these  classes  not  only  all  common  law 
cases,  but  also  attachment  cases,  garnishment  cases  and  distress 
for  rent  cases. 

The  practice  in  all  civil  cases  of  the  fourth  and  fifth  classes 
in  accordance  with  the  provisions  of  sections  19  and  40  to  48, 
both  inclusive,  will  be  the  same  as  in  similar  cases  in  the  circuit 
courts,  excepting  in  the  following  particulai-s : 

First.  Suit  will  be  commenced  by  the  filing  by  the  plaintiff 
with  the  clerk  of  a  praecipe  for  a  summons,  specifying  the 
names  of  the  parties  to  the  suit^  the  amount  of  the  plaintiff's 
claim  and  the  day  at  which  the  summons  is  to  be  made  return- 
able, which  day  must  be  not  less  than  five  (5)  nor  more  than 
fifteen  (15)  days  from  the  filing  of  the  praecipe,  and  a  bill 
of  particulars  of  the  plaintiff's  claim,  which  bill  of  particulars, 
if  the  suit  be  upon  a  contract,  express  or  implied,  will  consist 
of  a  statement  of  the  account  or  of  the  nature  of  the  demand, 
or,  if  the  suit  be  for  a  tort,  it  will  consist  of  a  brief  statement 
of  the  nature  of  the  tort,  and  such  further  information  as  will 
reasonably  inform  the  defendant  of  the  nature  of  the  case  he 
is  called  upon  to  defend.     (Section  40.) 

Second.  The  summons  is  to  be  directed  to  the  bailiff  to  exe- 
cute and  made  returnable  at  ton  o'clock  a.   m.,  sharp,  of  the 

99 


100  PRACTICE    IN    THE    MUNICIPAL    COURT. 

day  for  such  return  specified  in  the  praecipe,  and  it  must  state 
the  amount  of  the  plaintiff's  claim  and  be  attested  in  like  man- 
ner as  a  summons  issued  out  of  a  circuit  court.  It  is  to  have 
printed  on  it  in  plain  type  the  provisions  of  the  Municipal  Court 
Act  pertaining  to  defaults  in  case  of  the  non-appearance  of  the 
defendant,  and  setting  of  the  case  for  trial  in  case  of  appear- 
ance, and  such  further  information  as  may  be  prescribed  by  the 
chief  justice.     (Section  41.) 

Third.  Every  such  summons  is  to  be  served,  if  the  defendant 
be  an  individual,  by  delivering  to  him  a  copy  thereof  and  in- 
forming him  of  its  contents,  or^  if  the  defendant  be  a  corpora- 
tion, service  is  to  be  made  upon  such  corporation  in  the  same 
manner  as  is  now  or  hereafter  may  be  provided  by  law  for  the 
service  of  process  upon  such  corporation  in  a  suit  at  law  when 
issued  out  of  the  circuit  court.  In  case  the  summons  is  not 
served  upon  the  defendant  three  days  or  more  prior  to  the  re- 
turn day,  an  alias  summons  may  be  issued  and  a  subsequent 
pluries  summons  may  be  issued  in  any  case  when  the  previous 
alias  or  pluries  summons  shall  not  have  been  served  upon  the 
defendant  three  days  or  more  prior  to  the  return  day  fixed  in 
the  previous  summons,  and  service  of  such  alias  or  pluries  sum- 
mons is  to  be  made  in  the  same  manner  as  in  the  case  of  an 
original  summons.     (Section  42.) 

Fourth.  Upon  the  return  of  the  summons  duly  served,  the 
plaintiff  is  to  be  entitled  to  judgment  as  in  case  of  default,  un- 
less the  defendant  shall  either  appear  in  person  at  the  time 
specified  in  such  summons,  or  shall,  at  or  before  the  time  fixed 
in  such  summons  for  his  appearance,  file  his  appearance  in  writ- 
ing in  the  municipal  court.  Upon  such  default  the  court  is  to 
assess  the  damages  after  hearing  such  evidence  as  the  court 
may  deem  suiBficient  for  that  purpose.     (Section  43.) 

Fifth.  In  case  the  defendant  shall  desire  upon  the  trial  to 
present  any  set-off  or  counter-claim,  he  must  file  a  bill  of  par- 
ticulars thereof  with  his  appearance,  or  within  such  time  there- 
after as  may  be  allowed  by  the  court.     (Section  42.) 

Sixth.  It  is  made  the  duty  of  the  court  at  ten  o  'clock"  a.  m., 
sharp,  upon  each  day  upon  which  the  court  is  open  for  business, 
or  as  soon  thereafter  as  is  practicable,  to  call  the  cases  in  which 
the  summonses  are  then  returnable,  for  the  purpose  of  ascer- 
taining whether  the  defendants  therein  have  appeared  in  per- 


FOURTH   AND   FIFTH    CLASS — CIVIL.  101 

Bon  or  have  entered  their  appearances  in  writing,  and  to  give 
such  directions  with  respect  to  such  appearances  as  the  court 
may  find  necessary  or  proper  for  the  information  of  the  par- 
ties.    (Section  43.) 

Seventh.  The  clerk  is  to  keep  on  hand  and  furnish  to  suitors 
and  attorneys  printed  blank  forms  of  praecipes,  summonses, 
entries  of  appearance,  affidavits,  bonds,  attachment  writs,  re- 
plevin writs,  petitions  for  changes  of  venue,  and  all  other  pa- 
pers necessary  for  the  use  of  the  parties  to  suits  in  the  munic- 
ipal court.  Forms  for  such  papers  are  to  be  prescribed  by  the 
chief  justice,  who  also,  from  time  to  time,  is  to  prepare  and 
cause  to  be  printed  forms  of  bills  of  particulars  to  be  used  in. 
the  court.     (Section  44.) 

Eighth.  If  the  defendant  appears  at  the  time  specified  in 
the  summons,  or  shall  have  entered  his  appearance  in  writing 
at  or  before  that  time,  the  court  is  required  at  that  time,  or  as 
soon  thereafter  as  practicable,  to  fix  a  time  for  the  trial  of  the 
case  and  the  case  is  to  be  tried  at  the  time  fixed  or  as  soon 
thereafter  as  the  other  business  of  the  court  will  permit.  (Sec- 
tion 45.) 

Ninth.  The  court  is  authorized  to  grant  such  postponements 
of  the  trial  and  make  such  other  orders  in  respect  thereto  as 
the  court  may  deem  proper  and  necessary  for  the  protection  of 
the  rights  of  the  parties,  and  the  failure  of  the  court  to  try  any 
such  case  at  the  time  to  which  the  trial  has  been  postponed  shall 
not  operate  as  a  discontinuance  but  the  same  shall  remain  under 
the  control  of  the  court  until  it  is  finally  disposed  of.  (Section 
47.) 

Tenth.  Other  than  as  above  specified  there  are  to  be  no 
written  pleadings,  excepting  the  affidavits  in  attachment  and  re- 
plevin, copies  of  the  distress  warrants  in  cases  of  distress  for 
rent,  and  the  complaints  in  forcible  entry  and  detainer.  But 
the  court  is  authorized  to  adopt  all  such  rules  and  regulations 
as  it  may  deem  necessary  to  enable  the  parties,  in  advance  of  the 
trial,  to  ascertain  the  nature  of  the  plaintiff's  claim  or  claims, 
or  of  the  defendant's  defense  or  defenses.  (Section  40  and 
Section  48.) 

Eleventh.  In  attachment  cases  the  plaintiff  at  the  time  of  the 
commencement  of  his  suit,  and  the  defendant  at  the  time  of  his 
appearance   in  person   or   of  his   entering  his   appearance   in 


102  rilACTICE    IN    THE    MUNICIPAL    COURT. 

wT'iting-,  if  he  shall  desire  upon  the  trial  to  present  any  set-off 
or  counter-claim,  miLst  file  a  bill  of  particulars  thereof.  (Sec- 
tion 48.) 

Tivelfth.  In  forcible  entry  and  detainer  cases  the  plaintiff 
nia^''  unite  with  his  claim  for  the  possession  of  the  property  any 
claim  for  rent  or  damages  for  withholding  possession  of  the  same, 
provided  such  claim  does  not  exceed  one  thousand  dollars 
($1,000).     (Section  48.) 

Thirteenth.  Suit  must  be  brought  and  prosecuted  in  the  dis- 
trict in  which  the  defendant,  if  there  be  but  one  defendant,  or 
one  of  the  defendants,  if  there  be  more  than  one  defendant,  re- 
sides or  is  found,  or,  if  the  defendant  be  a  corporation  having 
its  principal  office  in  the  city  of  Chicago,  in  the  district  in 
which  its  principal  office  is  located,  but  if  the  defendant  be  a 
corporation  not  having  a  principal  office  in  the  city  of  Chi- 
cago, suit  may  be  brought  in  any  district  within  which  service 
of  process  may  be  had  upon  any  officer,  agent  or  employe 
of  such  corporation  upon  whom  service  of  process  might  be  had 
if  issued  in  a  suit  commenced  in  the  circuit  court.  If  there  is 
more  than  one  defendant  and  one  defendant  resides  or  is  found 
within  the  district  in  which  suit  is  pending,  or  is  properly  served 
"with  process  therein,  process  may  be  served  upon  the  remaining 
defendant  or  defendants  at  any  place  within  the  city  of  Chi- 
cago.    (Section  29.) 

Fourteenth.  A  suit  can  only  be  brought  against  the  city  of 
Chicago,  or  any  other  municipal  corporation,  in  the  first  district, 
(Section  29.) 

Fifteenth.  Attachment  suits  against  non-residents  of  the 
state  may  be  brought  in  any  district  when  any  property  of 
the  defendant  is  levied  upon  within  such  district  or  any  gar- 
nishee resides  or  is  found  in  such  district.     (Section  29.) 

Sixteenth.  Forcible  entry  and  detainer  suits  in  which  the  de- 
fendants do  not  reside  or  cannot  be  found  within  the  city  of 
Chicago,  may  be  brought  in  any  district  in  which  the  property, 
the  possession  of  which  is  sought  to  be  recovered,  is  situated  and 
ser\T;ce  of  summons  may  be  had  by  notice  by  publication  in  the 
manner  required  by  law  in  cases  of  attachments  in  the  circuit 
court.      (Section   29.) 

Seventeenth.  When  suit  has  been  improperly  brought  in  any 
district,  the  court  is  not  required  to  dismiss  it,  but  may  cause 


FOURTH   AND   FIFTH    CLASS — CIVIL.  103 

it  to  be  transferred  to  the  proper  district^  and  there  be  tried 
and  disposed  of.  And  in  such  case  the  court  may,  in  its  discre- 
tion, require  the  plaintiff  to  pay  the  costs  of  the  defendant  paid 
by  him  prior  to  the  transfer,     (Section  29.) 

Eighteenth.  Whenever  a  trial  by  jury  is  demanded  the  court 
may,  in  its  discretion,  direct  the  trial  of  said  case  to  be  had  in 
the  first  district,  and  for  that  purpose  may  cause  the  case  to  be 
transferred  to  the  first  district  to  be  there  tried  and  disposed 
of.     (Section  29.) 

Nineteenth.  No  case  is  to  be  tried  by  jury  unless  the  plain- 
tiff at  the  time  he  commences  his  suit,  or  the  defendant  at  the 
time  he  enters  his  appearance,  files  with  the  clerk  a  demand  in 
writing  of  a  trial  by  jury,  which  demand,  however,  may  be  with- 
drawn by  the  party  filing  the  same  at  any  time  before  the  trial. 
(Section  30.)    • 

Twentieth.  All  judgments  and  orders  become  final  after  the 
lapse  of  thirty  (30)  days  from  the  entry  thereof.  During 
such  thirty  (30)  days  they  are  subject  to  be  vacated,  set  aside 
or  modified  in  the  same  manner  and  to  the  same  extent  as 
judgments,  decrees  or  orders  of  the  circuit  court  during  the 
term  at  which  the  same  were  rendered.     (Section  21.) 

Twenty-first.  In  trials  by  jury  the  judge  presiding  at  the 
trial  is  required  to  examine  or  cause  to  be  examined  all  jurors 
called  into  the  jury  box,  with  respect  to  their  statutory  qual- 
ifications, and  to  permit  the  parties  to  propound  to  the  jurors 
such  pertinent  questions  as  may  be  necessary  for  the  purpose 
of  ascertaining  whether  the  jurors  are  biased  or  prejudiced. 
The  only  rulings  of  the  court  with  respect  to  the  impaneling 
of  the  jury  which  may  be  reviewed  upon  appeal  or  writ  of  error 
are  those  which  are  claimed  to  have  improperly  restricted  the 
right  of  the  defendant  to  examine  the  jurors  as  to  bias  or  preju- 
dice, or  hy  which  a  challenge  by  the  defendant  of  a  juror  for 
bias  or  prejudice  has  been  improperly  overruled.     (Section  31.) 

Twenty-second.  Orders  in  pending  cases  may  be  made  by 
any  judge  at  any  place  within  the  city  of  Chicago  upon  the 
application  of  either  party  and  upon  reasonable  notice  to  the 
opposite  party  whenever,  in  the  opinion  of  the  judge,  the 
granting  of  the  order  at  such  place  is  in  furtherance  of  justice. 
Orders  thus  made  are  to  be  as  effective  as  if  made  in  any  court 
room  or  in  the  chambers  of  the  judge.     (Section  35.) 


104  PRACTICE    IN    THE   MUNICIPAL   COURT. 

Tiventy-tkird.  The  order  in  which  cases  are  to  be  tried  and 
the  classification  and  distribution  of  cases  upon  the  different 
calendars  are  to  be  determined  by  the  chief  justice,  or  by  such 
rules  as  may  be  adopted  by  the  judges  under  the  provisions  of 
the  act.  The  trial  of  a  case  may  be  advanced  by  order  of  the 
chief  justice  v^rhenever,  in  his  opinion,  circumstances  justify 
it.     (Section  8  and  Section  36.) 

Twenty-fourth.  The  charge  to  the  jury  in  cases  to  be  tried 
by  jury  may,  in  the  discretion  of  the  court,  be  given  orally,  and 
when  so  given  it  is  to  be  taken  down  in  shorthand  and  at  the 
request  of  either  party  a  transcript  thereof  is  to  be  made  and 
filed  in  the  cause  in  which  the  charge  is  given,  and  made  a  part 
of  the  record  thereof.  When  an  oral  charge  is  given,  exceptions 
thereto  will  be  required  to  be  taken  before  the  jury  retire,  in 
order  that  erroneous  statements  of  the  judge  as  to  the  law, 
which  are  the  result  of  inadvertence,  may  be  then  and  there  cor- 
rected. The  parties  will,  of  course,  be  permitted  to  present  to 
the  judge,  either  orally  or  in  writing,  requests  to  charge,  which 
will  be  duly  considered  and  passed  upon  by  him,  and  exceptions 
may  be  taken  to  refusals  to  charge  as  requested.     (Section  37.) 

Twenty-fifth.  No  application  for  a  change  of  venue  on  ac- 
count of  the  prejudice  of  the  judge  will  be  allowed  when  the 
applicant  names  in  his  application  more  than  one  judge  from 
whom  such  change  of  venue  is  desired,  nor  unless  such  applica- 
tion for  a  change  of  venue  is  made  by  petition,  as  in  like  cases 
in  the  circuit  court,  and  such  petition  is  filed  at  or  before  the 
time  of  the  filing  or  entering  by  the  defendant  of  his  appear- 
ance in  the  suit  in  which  such  change  of  venue  is  asked  for,  and 
in  no  case  is  the  granting  of  any  change  of  venue  to  delay  the 
trial,  but  the  suit  is  to  be  tried  and  disposed  of  at  the  time 
set  for  the  trial,  or  at  the  time  to  which  the  trial  may  be  post- 
poned, before  some  other  judge  of  the  court  than  the  one  from 
whom  the  change  of  venue  has  been  granted,  or  in  any  other 
district  in  which  the  same  may  be  ordered  to  be  tried,  and  all 
orders  necessary  for  the  setting  of  the  case  for  trial  and  for 
the  securing  of  a  speedy  trial  are  to  be  made  by  the  judge  from 
whom  the  change  of  venue  has  been  obtained.     (Section  39.) 

Twenty-sixth.  At  any  time  before  the  trial  the  court  may 
})ermit  the  filing  of  interrogatories  to  be  answered  by  any  party 
to  the  suit  or  any  person  for  whose  immediate  benefit  the  suit  is 


FOURTH  AND  FIFTH  CLASS — CIVIL.  105 

prosecuted  or  defended,  or  by  the  directors,  officers,  superin- 
tendent or  managing  agents  of  any  corporation  which  is  a  party 
to  the  record,  at  the  instance  of  the  adverse  party  or  parties, 
or  any  of  them,  and  require  an  answer  under  oath  to  all  such 
interrogatories  as  the  party  to  be  interrogated  might  be  re- 
quired to  answer,  if  called  as  a  witness  upon  the  trial.  The 
party  filing  the  interrogatories  is  not  to  be  concluded  by  the 
answers  thereto  if  he  elects  to  introduce  them  or  any  or  either 
of  them  upon  the  trial.     (Section  32.) 

Twenty-seventh.  Upon  the  trial  any  party  to  tlie  suit  or  any 
person  for  whose  immediate  benefit  it  is  prosecuted  or  defended, 
or  the  directors,  officers,  superintendent  or  managing  agents  of 
any  corporation  which  is  a  party  to  the  record,  may  be  exam- 
ined, as  if  under  cross-examination,  at  the  instance  of  the  ad- 
verse party  or  parties,  or  any  of  them,  and  for  that  purpose  may 
be  compelled  in  the  same  manner  and  subject  to  the  same  rules 
for  examination  as  any  other  witness,  to  testify;  but  the  party 
calling  for  such  examination  is  not  to  be  concluded  thereby  but 
may  rebut  the  testimony  thus  given  by  counter  testimony.  (Sec- 
tion 33.) 

Twenty-eighth.  Upon  the  hearing  of  any  interlocutory  or 
other  motion  or  application,  other  than  one  for  a  change  of 
venue,  the  court  may,  in  its  discretion,  require  the  evidence  to  be 
presented  by  the  oral  examination  of  witnesses  in  open  court  or 
otherwise,  and  may  make  all  necessary  orders  for  such  oral 
examination.     (Section  34.) 

Twenty-ninth.  If,  in  any  case,  the  method  of  procedure  in 
vogue  in  the  circuit  court  is,  in  the  opinion  of  the  judges  of  the 
municipal  court,  not  applicable  and  no  special  provision  is  made 
therefor  in  the  Municipal  Court  Act,  the  court  may,  in  con- 
ducting and  disposing  of  the  same,  adopt  such  method  as  may 
appear  to  be  proper  for  the  just  determination  of  the  rights  of 
the  parties.     (Section  51.) 

Thirtieth.  A  money  judgment,  when  no  execution  issued 
thereon  is  outstanding,  may  be  satisfied  by  the  payment,  by  the 
party  against  whom  the  same  has  been  rendered,  of  the  amount 
thereof  to  the  clerk.     (Section  53.) 

Thirty-first.  The  court  will  take  judicial  notice,  first,  of  all 
general  ordinances  of  the  city  of  Chicago  and  of  all  general 
ordinances  of  every  municipal  corporation  situated  in  whole  or 


106  PRACTICE    IN    THE    MUNICIPAL    COURT. 

in  part  within  the  limits  oi:  the  city  of  Chicago ;  and,  second, 
of  all  laws  of  a  public  nature  enacted  by  any  state  or  territory 
of  the  United  States.    (Section  54.) 

Thirty-second.  The  records  in  all  such  cases  will  be  kept  iu 
an  abbreviated  form.     (Section  62.) 

Thirty-third.  Judgments  will  only  be  liens  upon  real  es- 
tate from  the  time  of  the  filing  of  a  certified  transcript  thereof 
in  the  office  of  the  recorder  of  Cook  county,  containing  the 
names  of  the  parties  to  the  suit,  the  kind  of  action,  the  amount 
of  the  judgment  and  the  date  upon  which  the  same  was  ren- 
dered.    (Section  64.) 

Thirty-fourth.  Final  orders  and  judgments  are  to  be  review- 
ed by  writ  of  error  only,  which  is  to  be  sued  out  of  the  supreme 
court  in  all  cases  in  which  a  franchise,  a  freehold  or  the  valid- 
ity of  a  statute,  or  the  construction  of  the  constitution  is  in- 
volved, and  out  of  the  appellate  court  in  all  other  cases.  (Sec- 
tion 23.) 

Thirty-fifth.  The  time  within  which  a  writ  of  error  may  be 
sued  out  is  limited  to  thirty  days  after  the  entry  of  the  final 
order  or  judgment  complained  of.     (Section  23.) 

Thirty-sixth.  A  stay  of  execution  may  be  obtained  from  the 
municipal  court  for  the  period  of  ninety  days  upon  the  giving 
of  a  bond,  but  no  other  or  further  stay  of  proceedings  or  execu- 
tion is  to  be  allowed  by  the  municipal  court.  The  supreme  court 
or  appellate  court,  however,  may  allow  a  supersedeas  as  in  other 
cases.     (Section  23.) 

Thirty-seventh.  If,  upon  application  to  the  supreme  court  or 
appellate  court  or  to  any  judge  thereof  for  a  supersedeas,  the 
same  is  denied,  the  order  or  judgment  is  to  stand  affirmed,  and 
no  other  proceedings  are  to  be  had  in  the  supreme  court  or  ap- 
pellate court,  unless  the  court,  or  the  judge  denying  the  super- 
sedeas, otherwise  orders.     (Section  23.) 

Thirty-eighth.  The  party  in  whose  favor  a  final  order  or 
judgment  has  been  entered  may  sue  out  a  writ  of  error  from  the 
supreme  court  qr  appellate  court  by  depositing  with  the  clerk 
of  the  court  from  which  the  writ  is  sued  out  the  sum  of  twenty 
dollars  ($20)  as  security  to  the  opposite  party  for  such  costs  as 
may  be  awarded  such  opposite  party  upon  the  final  determina- 
tion of  the  writ  of  error.     (Section  23.) 

Thirty-rAnth.     The  service  of  a  scire  facias  to  hear  errors  is 


FOURTH   AND    FIFTH    CLASS — CIVIL.  107 

to  be  dispensed  with.  In  lieu  thereof  the  party  suing  out  a  writ 
of  error,  within  five  days  after  the  issuance  thereof,  is  to  file 
the  same  with  the  clerk  of  the  municipal  court,  and  make  to  the 
supreme  court  or  the  appellate  court,  as  the  case  may  be, 
proof  of  such  filing.  And  such  writ  of  error  so  filed  is  to  be  no- 
tice to  the  opposite  party  of  the  suing  out  and  prosecution  of 
the  writ  of  error,     (Section  23.) 

Fortieth.  There  is  to  be  no  bill  of  exceptions  in  any  such 
case.  In  lieu  thereof  the  judge  before  whom  the  final  order  or 
judgment  is  entered  is  to  sign  and  place  on  file,  either  a  correct 
statement,  to  be  prepared  by  the  party  requesting  the  signing 
of  the  same,  of  the  facts  appearing  upon  the  trial  thereof  and  of 
all  questions  of  law  involved  in  such  case,  and  the  decisions  of 
the  court  upon  said  questions  of  law,  or  a  correct  stenographic 
report,  the  expense  of  procuring  which  shall  be  paid  b^^  the 
party  requesting  the  signing  of  the  same,  of  the  proceedings 
at  the  trial  as  such  party  may  elect.  The  original  of  this  state- 
ment or  stenographic  report,  together  with  a  certified  transcript 
of  the  judgment,  is  to  be  certified  to  the  supreme  court  or  appel- 
late court,  as  the  record  to  be  considered  upon  the  review  of  such 
order  or  judgment  by  writ  of  error.     (Section  23.) 

Forty-first.  No  order  or  judgment  sought  to  be  reviewed  is 
to  be  reversed  unless  the  supreme  court  or  the  appellate  court 
shall  be  satisfied  from  said  statement  or  stenographic  report 
that  the  order  or  judgment  is  contrary  to  the  law  and  the  evi- 
dence, or  that  such  order  or  judgment  resulted  from  substantial 
errors  of  the  municipal  court  directly  affecting  the  matters  at 
issue  between  the  parties,  in  which  last  mentioned  case  the  su- 
preme court  or  appellate  courtj  as  the  case  may  be,  may  enter 
such  order  or  judgment  as,  in  its  opinion,  the  municipal  court 
ought  to  have  entered,  or  it  may  reverse  the  order  or  judgment 
and  remand  the  case  to  the  municipal  court  for  further  proceed- 
ings.    (Section  23.) 

Forty-second.  No  assignment  of  error  in  the  supreme  court 
or  in  the  appellate  court  is  to  be  allowed  which  shall  call  in 
question  the  decision  of  the  municipal  court  in  respect  to  any 
matter  pertaining  to  the  practice  therein;  nor  shall  any  excep- 
tions to  the  rulings  and  decisions  of  the  municipal  court  upon 
the  trial  be  necessary  to  the  right  of  either  party  to  a  review 
of  such  rulings  and  decisions  in  the  supreme  court  or  the  ap- 


108  PRACTICE    IN    THE   MUNICIPAL   COURT. 

pellate  court  upon  their  merits.  But  it  shall  be  the  duty  of  the 
supreme  court  or  the  appellate  court,  as  the  case  may  be,  to 
decide  such  case  upon  its  merits  as  they  may  appear  from  such 
statement  or  stenographic  report  signed  by  the  judge.  But  the 
supreme  court  or  appellate  court  may  grant  relief  from  any 
error  of  the  municipal  court  in  respect  to  a  matter  of  practice 
in  any  case  where,  in  the  opinion  of  the  supreme  court  or  the 
appellate  court,  such  relief  is  necessary  to  prevent  a  failure 
of  justice.     (Section  23.) 


CHAPTER  IV. 

THE  GENERAL  PRACTICE  ACT  AS  MODIFIED  BY  THE 
MUNICIPAL  COURT  ACT. 

The  differences  between  the  practice  in  civil  cases  of  the  first, 
second,  fourth  and  fifth  classes  in  the  municipal  court  and  the 
practice  in  similar  cases  in  the  circuit  court  having  been  thus 
pointed  out  in  a  general  way  in  the  three  preceding  chapters, 
a  comparison  between  the  practice  in  the  two  courts  will  now 
be  further  illustrated  by  rewriting  the  General  Practice  Act 
so  as  to  show  the  changes  made  by  the  Municipal  Court  Act. 
The  latter  act  provides,  as  follows : 

"Section  19.  That  until  otherwise  determined  in  the  man- 
ner hereinafter  provided,  and  except  as  by  this  act  is  otherwise 
prescribed,  the  practice  in  the  municipal  court  shall  be  the  same, 
as  near  as  may  be,  as  that  which  is  now  prescribed  by  law  for 
similar  suits  or  proceedings  in  circuit  courts,  excepting  that,  in 
cases  of  the  fourth  class  and  cases  of  the  fifth  class  mentioned 
in  section  two  (2)  of  this  act,  the  issues  shall  be  determined  with- 
out other  forms  of  written  pleadings  than  those  hereinafter  ex- 
pressly prescribed  or  provided  for.  Said  municipal  court  shall 
be  the  sole  judge  of  the  applicability  to  the  proceedings  of  said 
court  of  the  rules  of  practice  prescribed  by  law  for  similar  cases 
in  the  circuit  courts  and  its  decisions  in  respect  thereto  shall  not 
be  subject  to  review  upon  appeal  or  writ  of  error;  Provided, 
however,  that  upon  appeal  or  writ  of  error  the  supreme  court, 
or  the  appellate  court,  as  the  case  may  be,  may  grant  relief  from 
any  such  decision  in  any  case  where,  in  the  opinion  of  the  su- 
preme court  or  appellate  court,  such  relief  is  necessary  to  pre- 
vent a  failure  of  justice." 

Making  in  the  General  Practice  Act  the  changes  expressly 
made  by  the  Municipal  Court  Act  and  such  further  changes  as 
are  rendered  necessary  by  the  differences  between  the  organiza- 
tion of  the  circuit  court  and  that  of  the  municipal  court  and  the 

109 


110  PRACTICE   IN   THE   MUNICIPAL    COURT. 

fact  that  the  latter  court  has  no  terms,  the  practice  act  will  read 
as  follows: 

(The  references  in  parentheses  at  the  end  of  any  section  arc  to 
the  sections  of  the  Municipal  Court  Act  by  uhich  changes  are 
made.) 

Section  1.  That  the  first  process  in  all  actions  at  law  to  be 
hereafter  commenced  in  or  transferred  to  the  municipal  court, 
excepting  attachment  suits,  replevin  suits  and  actions  where 
special  bail  may  be  required,  shall  be  a  summons;  which  sum- 
mons shall  be  issued  under  the  seal  of  the  court,  attested  in  the 
name  of  the  clerk,  dated  on  the  day  it  shall  be  issued  and  signed 
with  his  name,  and  shall,  excepting  when  it  is  to  be  served  out- 
side of  the  city  of  Chicago,  be  directed  to  the  bailiix  (or,  if  he 
is  interested  in  the  suit,  to  the  coroner  of  Cook  comity),  and 
shall  be  made  returnable  upon  some  Monday,  at  least  ten  days 
and  not  more  than  thirty  days,  after  the  date  thereof,  if  the  case 
is  one  of  the  first  class  or  of  the  second  class,  or  at  ten  o'clock 
A.  M.,  sharp,  of  some  day  not  less  than  five  nor  more  than  fifteen 
days  from  the  filing  of  the  praecipe,  if  the  case  be  one  of  the 
fourth  class  or  of  the  fifth  class. 

(Sections  16,  28  and  40.) 

Section  2.  No  suit  of  the  first  class  other  than  an  attach- 
ment suit  shall  be  commenced  in  the  municipal  court  uuIcrs  the 
defendant,  if  there  be  but  one  defendant,  resides  or  is  found 
within  the  city  of  Chicago,  or,  if  the  defendant  be  a  corporation, 
unless  its  principal  office  is  within  said  city;  but  if  the  defend- 
ant be  a  corporation  not  having  a  principal  office  in  the  city  of 
Chicago,  such  suit  may  be  brought  in  the  municipal  court  when- 
ever ser\aee  of  process  may  be  had  within  the  city  upon  any 
officer,  agent  or  employe  of  such  corporation,  mentioned  in  sec- 
tion 5  hereof.  When  there  are  several  defendants  in  a  case 
of  the  first  class  or  of  the  second  class,  one  of  whom  resides  or 
is  found  in  the  city  of  Chicago,  a  summons  or  writ  may  be  is- 
sued to  the  sheriff  of  Cook  county  for  any  defendant  residing  in 
said  county,  but  outside  of  the  city  of  Chicago,  or  to  the  sheriff 
of  any  other  county  for  any  defendant  residing  in  such  county, 
and  service  of  any  summons  or  writ  so  issued  shall  be  made  in 
the  same  manner  as  herein  required  in  the  ease  of  a  summons  or 
writ  directed  to  the  bailift':     ProvkJed,  however,  that  no  JTidg- 


PRACTICE   ACT   REWRITTEN.  Ill 

ment  shall,  in  any  such  ease,  be  rendered  against  any  defendant 
served  with  process  outside  of  the  city  of  Chicago,  unless  judg- 
ment be  also  rendered  against  a  defendant  served  within  said 
city  of  Chicago.  Cases  of  the  fourth  class  and  of  the  fifth  class, 
other  than  attachment  suits  and  forcible  entry  and  detainer 
suits,  must  be  brought  and  prosecuted  in  the  district  in  which 
the  defendant,  if  there  be  but  one  defendant,  or  one  of  the  de- 
fendants, if  there  be  more  than  one  defendant,  resides  or  is 
found,  or  if  the  defendant  be  a  corporation  having  its  principal 
office  in  the  city  of  Chicago,  in  the  district  in  w^hich  its  principal 
office  is  located ;  but  if  the  defendant  be  a  corporation  not  hav- 
ing a  principal  office  in  the  city  of  Chicago,  suit  may  be  brought 
in  any  district  within  which  service  of  process  may  be  had  upon 
any  officer,  agent  or  employe  of  such  corporation,  mentioned  in 
section  5  hereof.  If,  in  any  such  case,  there  is  more  than  one 
defendant  and  one  defendant  resides  or  is  found  within  the 
district  in  which  suit  is  brought,  or  is  properly  served  with 
process  therein,  the  process  of  the  municipal  court  may  be 
served  upon  the  remaining  defendant  or  defendants  at  any  place 
v\'ithin  the  city  of  Chicago ;  but  no  suit  shall  be  brought  against 
the  city  of  Chicago  or  any  municipal  corporation  in  any  other 
than  the  first  district.  (Sections  28  and  29.) 

Section  3.  The  municipal  court  shall  have  jurisdiction  of  an 
action  commenced  by  an  individual  against  any  insurance  com- 
pany, either  incorporated  by  any  law  of  this  state  or  doing  bus- 
iness in  this  state,  only  when  service  of  process  may  be  had  with- 
in the  city  upon  an  officer,  agent  or  employe  of  such  corporation 

mentioned  in  .section  5  hereof. 

(Sections  28  and  29.) 

Section  4.  It  shall  be  the  duty  of  the  bailifl',  sheriff  or  coi-o- 
ner,  to  serve  the  process  of  summons  or  capias,  when  it  shall 
])e  practicable,  five  days  before  the  return  day  thereof,  if  the 
case  is  one  of  the  first  class  or  of  the  second  class,  or  three 
days  before  the  return  day  thereof  if  the  case  is  one  of  the  fourth 
class  or  one  of  the  fifth  class,  and  to  make  return  of  such  pro- 
cess to  the  clerk  bj'^  or  on  the  return  day  with  an  endorsement 
of  his  service,  the  time  of  serving  it  and  the  amount  of  his  fees: 
Provided,  that  when  process  shall  have  been  direct-ed  to  a  for- 
eign county  the  officer  executing  the  same  may   make  return 


112  PRACTICK    IN    THE    MUNICIPAL    COURT. 

thereof  by  mail  and  the  clerk  may  charge  the  postage  and  tax 
the  amount  in  his  fee  bill.  Every  summons,  when  the  defendant 
is  an  individual,  shall  be  served  by  delivering  to  him  a  copy 
thereof  and  informing  him  of  its  contents. 

(Sections  28  and  42.) 

Section  5.  An  incorporated  company  may  be  served  with 
process  by  leaving  a  copy  thereof  with  its  president,  if  he  can 
be  found  in  the  city  of  Chicago,  or  if  he  shall  not  be  found  in 
the  city  of  Chicago,  then  by  leaving  a  copy  of  the  process  with 
any  clerk,  secretary,  superintendent,  general  agent,  cashier, 
principal,  director,  engineer,  conductor,  station  agent,  or  any 
agent  of  said  company  found  in  the  city  of  Chicago. 

(Sections  28,  29  and  42.) 

Section  6.  Process  against  Cook  county  may  be  served  by 
leaving  a  copy  thereof  with  the  president  or  clerk  of  the  board 
of  county  commissioners. 

Section  7.  In  suits  against  the  city  of  Chicago  process  may 
be  served  by  leaving  a  copy  thereof  with  the  mayor  or  city 
clerk. 

Section  la.  The  receiver  or  receivers  of  any  incorporated 
company  may  be  served  with  process  by  delivering  a  copy  or 
copies  thereof  to  such  receiver  or  receivers,  and  informing  him 
or  them  of  the  contents  thereof. 

(Sections  28  and  42.) 

Section  8.  If,  in  any  case  of  the  first  class  or  of  the  second 
class,  it  shall  not  be  in  the  power  of  the  bailiff,  sheriff  or  coro- 
ner to  serve  a  summons  or  capias  five  days  before  the  return 
day  thereof,  he  may  execute  the  same  at  any  time  before  or  on 
the  return  day ;  but  if  the  summons  be  not  served  five  days  be- 
fore the  return  day  thereof  the  defendant  shall  not  be  required 
to  plead  to  the  declaration  or  complaint  until  on  or  before  the 
second  Monday  after  such  return  day.  If,  in  any  case  of  the 
fourth  class  or  of  the  fifth  class,  it  shall  not  be  in  the  power 
of  the  bailiff  or  coroner  to  serve  a  summons  or  capias  three  days 
or  more  prior  to  the  return  day  thereof,  the  bailiff  or  coroner 
shall  return  the  same  ^\ath  his  endorsement  thereon  showing  that 
he  was  unable  to  serve  the  same  upon  the  defendant  three  days 
or  more  prior  to  the  return  day  thereof. 


PRACTICE  ACT  REWRITTEN,  113 

Section  9,  Whenever  it  shall  appear  by  the  return  of  the 
bailiff,  sheriff  or  coroner,  that  the  defendant  in  any  case  of  the 
first  class  or  of  the  second  class,  is  not  found,  or  that  any  de- 
fendant in  a  case  of  the  fourth  class  or  of  the  fifth  class  was 
not  served  three  days  or  more  prior  to  the  return  day  of  the 
summons,  the  clerk  at  the  request  of  the  plaintiff  shall  issue 
another  summons  or  capias,  as  the  case  may  be,  and  so  on  until 
service  is  had. 

(Sections  28  and  42.) 

Section  10.  If  a  summons  or  capias  is  served  on  one  or 
more,  but  not  on  all,  of  the  defendants,  the  plaintiff  may  pro- 
ceed to  trial  and  judgment  against  the  defendant  or  defendants 
on  whom  the  process  is  served,  and  the  plaintiff  may,  at  any 
time  afterwards,  have  a  summons,  in  the  nature  of  a  scire  facias 
against  the  defendant  not  served  with  the  first  process,  to  cause 
him  to  appear  in  said  court,  and  show  cause  why  he  should  not 
be  made  a  party  to  such  judgment;  and  upon  such  defendant 
being  duly  served  with  such  process,  the  court  shall  hear  and  de- 
termine the  matter  in  the  same  manner  as  if  such  defendant  had 
been  originally  summoned  or  brought  into  court,  and  such  de- 
fendant shall  also  be  allowed  the  benefit  of  any  payment  or  sat- 
isfaction which  may  have  been  made  on  the  judgment  before  re- 
covered, and  the  judgment  of  the  court  against  such  defendant 
shall  be  that  the  plaintiff  recover  against  such  defendant,  to- 
gether with  the  defendant  in  the  former  judgment,  the  amount 
of  this  debt  or  damages,  as  the  case  may  be.  Such  scire  facias 
shall  be  made  returnable  and  shall  be  served  in  the  same  manner 
as  is  provided  by  law  for  a  summons  in  a  ease  of  the  class  to 
which  such  suit  belongs. 

(Sections  28  and  42.) 

Section  12.  When  several  joint  debtors  are  sued  and  any 
one  or  more  of  them  shall  not  be  served  with  process,  the  pen- 
dency of  such  suit  or  the  recovery  of  a  judgment  against  the 
parties  served  shall  be  no  bar  to  a  recovery  on  the  original  cause 
of  action  against  such  as  are  not  served,  in  any  suit  which  may 
be  brought  against  them  in  any  other  place  than  where  the  first 
suit  is  brought.  This  section  shall  not  be  so  construed  as  to 
allow  more  than  one  satisfaction. 

8 


114  PRACTICE   IN    THE   MUNICIPAL   COURT. 

Section  13.  If  the  bailiff  or  any  sheriff  or  coroner  to  whom 
any  summons,  capias,  or  subpoena,  shall  be  delivered,  shall  neg- 
lect or  refuse  to  make  return  of  the  same  before  or  on  the  re- 
turn day  of  such  process,  the  plaintiff  may  enter  a  rule  requir- 
ing said  bailiff,  sheriff  or  coroner  to  make  return  of  such  process 
on  the  day  to  be  fixed  by  the  court,  or  to  show  cause  on  that  day 
why  he  should  not  be  attached  for  a  contempt  of  court;  and  the 
plaintiff  shall,  thereupon,  cause  a  written  notice  of  such  rule 
to  be  served  on  such  bailiff,  sheriff  or  coroner;  and  if  good  and 
sufficient  cause  be  not  shown  to  excuse  such  officer,  the  court 
shall  adjudge  him  guilty  of  contempt,  and  shall  proceed  to  pun- 
ish such  officer  as  in  other  cases  of  contempt. 

Section  14.  The  clerk  of  the  municipal  court  shall,  in  any 
case  pending  therein,  issue,  from  time  to  time,  such  subpoenas 
for  Avitnesses  as  may  be  required  by  either  party,  and  such  sub- 
poenas may  be  issued  either  to  the  city  of  Chicago  or  to  aliy 
county  or  counties  in  the  state;  and  if  the  clerk  shall  refuse  so 
to  do  he  shall  be  fined,  at  the  discretion  of  the  court,  in  any  sum 
not  exceeding  $100. 

Section  17.  The  chief  justice  shall  superintend  the  prepa- 
ration of  the  calendars  of  cases  for  trial  and  shall  make  such 
classification  and  distribution  of  the  same  upon  different  calen- 
dars as  he  shall  deem  proper  and  expedient.  Cases  shall  be 
tried  in  such  order  and  the  calendars  of  cases  shall  be  so  ar- 
ranged as  may  be  determined  by  the  chief  justice  or  by  the  rules 
of  the  court  adopted  as  provided  by  the  Municipal  Court  Act. 

(Sections  8  and  36.) 

Section  18.  If,  in  any  case  of  the  first  class,  the  plaintiff 
shaU  not  file  his  declaration,  together  with  a  copy  of  the  in- 
strument of  writing  or  account  on  which  the  action  is  brought, 
in  case  the  same  be  brought  on  a  written  instrument  or  account 
within  five  daj's  after  the  commencement  of  the  suit,  the  suit 
shall  be  dismissed  unless  the  court,  by  an  order  entered  in  said 
suit,  shall  extend  the  time  for  filing  such  declaration. 

(Section  28.) 

Section  18a.  Every  case  of  the  fourth  class  and  every  case 
of  the  fifth  class  shall  be  commenced  by  the  filing  by  the  plain- 
tiff with  the  clerk  of  a  praecipe  for  a  summons,  specifying 


PRACTICE  ACT  REWRITTEN.  115 

the  uanios  of  the  parties  to  the  suit,  the  amount  of  the  plaintiff's 
claim  and  the  day  at  which  the  summons  shall  be  made  return- 
able, which  day  shall  not  be  less  than  five  (5)  days  nor  more 
than  fifteen  (15)  days  from  the  filing  of  the  praecipe,  and  a  bill 
of  particulars  of  the  plaintiff's  claim.,  which  bill  of  particulars, 
if  the  suit  be  upon  a  contract,  expressed  or  implied,  shall  eon- 
tain  a  statement  of  the  account  or  the  nature  of  the  demand,  or, 
if  the  suit  be  for  a  tort,  it  shall  consist  of  a  brief  statement  of 
the  nature  of  the  tort,  and  such  further  information  as  will  rea- 
sonably inform  the  defendant  of  the  nature  of  the  case  he  is 
called  upon  to  defend,  but  nothing  herein  contained  shall  be 
construed  to  require  the  bill  of  particulars  in  any  action  for  a 
tort  to  set  forth  the  cause  of  action  with  the  particularity  re- 
quired in  a  declaration  at  common  law.  In  cases  of  the  fourth 
class  and  in  cases  of  the  fifth  class  the  municipal  court  may- 
adopt  such  rules  and  regulations  as  it  may  deem  necessary  to 
enable  the  parties,  in  advance  of  the  trial,  to  ascertain  the  na- 
ture of  the  plaintiff's  claim  or  claims,  or  of  the  defendant's 
defence  or  defences. 

(Section  40.) 

Section  18&.  Upon  the  filing  of  such  praecipe  and  bill  of 
particulars  the  clerk  of  the  municipal  court  shall  issue  a  sum- 
mons to  the  defendant,  directed  to  the  bailiff  to  execute,  and  re- 
turnable at  ten  o'clock,  a.  m.,  sharp,  of  the  day  for  such  return 
specified  in  the  praecipe,  which  summons  shall  state  the  amount 
of  the  plaintiff' 's  claim,  and  shall  be  attested  in  the  manner  pro- 
vided in  section  1  hereof.  Upon  every  such  summons  there  shall 
be  printed  in  plain  type  the  provisions  of  the  law  pertaining  to 
defaults  in  the  municipal  court  in  ease  of  the  non-appearance  of 
the  defendant,  and  setting  of  the  case  for  trial  in  case  of  appear- 
ance, and  such  further  information  as  may  be  prescribed  by  the 
chief  justice. 

(Section  41.) 

Section  18g.  Upon  the  return  of  any  such  summons  duly 
served  upon  the  defendant,  the  plaintiff'  shall  be  entitled  to 
judgment,  as  in  case  of  default,  unless  the  defendant  shall  either 
appear  in  person  at  the  time  specified  in  such  summons,  or  shall, 
at  or  before  the  time  fixed  in  such  summons  for  his  appeai'ance, 
file  his  appearance  in  wanting  in  the  municipal  court.  Upon  such 


116  PRACTICE    IN    THE    MUNICIPAL    COURT. 

default  the  court  shall  assess  the  damages  after  hearing  such 
evidence  as  the  court  may  deem  sufficient  for  that  purpose. 
In  case  the  defendant  shall  desire  upon  the  trial  to  present  any 
set-off  or  counter-claim,  he  shall  file  a  bill  of  particulars  thereof 
with  his  appearance:  Provided,  however,  the  court  may,  in 
its  discretion  extend  the  time  for  the  filing  of  such  bill  of  par- 
ticulars. It  shall  be  the  duty  of  the  court  at  ten  o'clock,  a,  m., 
sharp,  of  each  day  upon  which  the  court  is  open  for  business, 
or  as  soon  thereafter  as  is  practicable,  to  call  the  cases  in 
Avhich  the  summonses  are  then  returnable,  for  the  purpose  of 
ascertaining  whether  the  defendants  therein  have  appeared  in 
person  or  have  entered  their  appearances  in  writing,  and  to  give 
such  directions  with  respect  to  such  appearances  as  the  court 
may  find  necessary  or  proper  for  the  information  of  the  parties. 

(Section  43.) 

Section  18^?.  If,  in  any  case  of  the  fourth  class  or  in  any 
case  of  the  fifth  class,  the  defendant  shall  appear  at  the  time 
specified  in  the  summons,  or  shall  have  entered  his  appearance 
in  writing  at  or  before  the  time  so  specified,  the  court  shall,  at 
such  time,  or  as  soon  thereafter  as  practicable,  fix  a  time  for  the 
trial  thereof  and  such  case  shall  be  tried  at  the  time  so  fixed  or 
as  soon  thereafter  as  the  other  business  of  the  court  will  per- 
mit. 

(Section  45.) 

Section  19.  Any  deed,  bond,  note,  covenant,  or  other  instru- 
ment under  seal  (except  penal  bonds)  may  be  sued  and  aeclared 
upon  or  set  off  as  heretofore,  or  in  any  form  of  action  in 
which  such  instrument  might  have  been  sued  and  declared  upon 
or  set  off,  if  it  had  not  been  under  seal,  and  demands  upon  sim- 
ple contracts  may  be  set  off  against  demands  upon  sealed  in- 
struments, judgments  or  decrees. 

Section  20.  It  shall  not  be  necessary,  in  any  pleading,  to 
make  profert  of  the  instrument  alleged;  but  in  any  action  or 
defence  upon  an  instrument  in  writing,  whether  under  seal  or 
not,  if  the  same  is  not  lost  or  destroyed,  the  opposite  party  may 
have  oyer  thereof,  and  proceed  therein  in  the  same  manner  as 
if  profert  had  been  properly  made  according  to  the  common, 
law. 


PRACTICE  ACT  REWRITTEN.  117 

Section  21.  In  suits  of  the  first  class,  or  of  the  second  class 
brought  on  penal  bonds  conditioned  for  the  performance  of 
covenant,  the  plaintiff  shall  set  out  the  conditions  thereof  and 
may  assign  in  his  declaration  as  many  breaches  as  he  may 
think  fit;  and  the  jury,  whether  on  trial  of  the  issue  or  of  in- 
quiry, shall  assess  the  damages  for  so  many  breaches  as  the 
plaintiff  shall  prove,  and  the  judgment  for  the  penalty  shall 
stand  as  a  security  for  such  other  breaches  as  may  afterwards 
happen,  and  the  plaintiff  may,  at  any  time  afterwards,  sue  out 
a  writ  of  inquiry  to  assess  damages  for  the  breach  of  any  cove- 
nant or  covenants  contained  in  such  bond,  subsequent  to  the 
former  trial  or  inquiry;  and  whenever  execution  shall  be  issued 
on  such  judgment,  the  clerk  shall  endorse  thereon  the  amount 
of  damages  assessed  by  the  jury,  with  the  costs  of  suit,  and  the 
bailiff  or  coroner  shall  only  collect  the  amount  so  endorsed: 
Provided,  that  in  all  cases  where  a  writ  of  inquiry  of  damages 
shall  be  issued  for  any  such  breaches  subsequent  to  the  first  trial 
or  inquiry,  the  defendant,  or  his  agent  or  attorney,  shall  have  at 
least  ten  days'  notice  in  writing,  of  the  time  of  executing  the 
same. 

Section  22.  The  distinctions  betAveen  the  actions  of  "tres- 
pass" and  "trespass  on  the  case"  are  hereby  abolished;  and  in 
all  cases  where  trespass  or  trespass  on  the  case  has  been  hereto- 
fore the  appropriate  form  of  action,  either  of  said  forms  may 
be  used,  as  the  party  bringing  the  action  may  elect. 

Section  23.  Counts  in  trover  and  replevin  may  be  joined  in 
the  same  action. 

Section  24.  At  any  time  before  final  judgment  in  a  civil 
suit  amendments  may  be  allowed  on  such  terms  as  are  just  and 
reasonable,  introducing  any  party  necessary  to  be  joined  as 
plaintiff  or  defendant,  discontinuing  as  to  any  joint  plaintiff 
or  joint  defendant,  changing  the  form  of  the  action,  and 
in  any  matter,  either  of  form  or  substance,  in  any  process,  plead- 
ing or  proceeding  which  may  enable  the  plaintiff  to  sustain  the 
action  for  the  claim  for  which  it  was  intended  to  be  brought  or 
the  defendant  to  make  a  legal  defence.  The  adjudication  of  the 
court  allowing  an  amendment  shall  be  conclusive  evidence  of  the 
identity  of  the  action. 


118  PRACTICE    IN    THE    MUNICIPAL    COURT. 

Section  25.  In  case  another  defendant  is  added,  summons 
may  issue  against  such  defendant,  which  summons,  if  in  a  case  of 
the  first  class  or  of  the  second  class,  shall  be  returnable  on 
some  JMonday  at  least  ten  days  and  not  more  than  thirty  days 
after  the  date  thereof,  and,  if  in  a  case  of  the  fourth  class 
or  of  the  fifth  class,  at  ten  o'clock,  a.  m.,  sharp,  of  some  day 
not  less  than  five  nor  more  than  fifteen  days  from  the  issuance 
thereof,  and  such  defendant  may  be  proceeded  against  in  the 
same  manner  as  if  he  had  been  made  a  defendant  at  the  com- 
mencement of  the  suit. 

(Sections  28  and  40.) 

Section  26.  No  amendment  shall  be  cause  for  the  postpone- 
ment of  the  trial  unless  the  party  affected  thereby,  or  his  agent 
or  attorney,  shall  make  affidavit  that  in  consequence  thereof 
he  is  unprepared  to  proceed  to  or  with  the  trial  of  the  cause, 
at  the  time  at  which  it  would  otherwise  be  subject  to  trial,  stat- 
ing in  such  affidavit  what  particular  facts  the  party  expects 
to  prove  by  such  evidence,  and  that  he  verily  believes  that  if  the 
trial  of  the  cause  be  postponed  he  will  be  able  to  procure  the 
same  hy  the  time  to  be  specified  in  such  affidavit:  Provided, 
that  if  the  court  is  satisfied  that  such  evidence  would  not  be  ma- 
terial on  the  trial  of  the  cause,  or  if  the  other  party  will  admit 
the  affidavit  in  evidence  subject  to  the  effect  given  to  affidavits 
for  a  postponement  in  section  45  hereof,  the  cause  shall  not  be 

postponed. 

(Section  21.) 

Section  27.  It  shall  not  be  necessary  to  file  a  declaration 
in  any  scire  facias  to  revive  a  judgment  in  the  municipal  court. 
In  any  such  case  where  the  plaintiff'  in  the  judgment  sought 
to  be  revived  or  his  attorney,  shall  file  an  affidavit  in  the  office 
of  the  clerk  of  the  municipal  court,  showing  that  the  defendant 
in  the  scire  facias  resides  or  has  gone  out  of  the  state,  or  is  con- 
cealed within  the  state,  so  that  process  cannot  be  served  on  him, 
and  stating  the  place  of  residence  of  such  defendant,  if  known, 
or  that  on  due  inquiry  his  place  of  residence  cannot  be  ascer- 
tained; then,  in  such  case,  notice  to  the  defendant  may  be  given 
by  publication  and  mail  in  the  same  manner  as  is  provided  by 
statute  for  notice  in  like  cases  in  chancery :  Provided,  however, 
that  the  notice  published,  in  lieu  of  stating  the  time  of  the  re- 


PRACTICE  ACT  REWRITTEN.  119 

turn  of  the  scire  facias,  shall  state  the  date  on  or  before  which 
the  defendant  is  required  to  appear,  which  date  shall  be  some 
Llonday  not  less  than  forty  nor  more  than  sixty  days  after  the 
date  of  the  first  publication  of  notice. 

(Section  28.) 

Section  28.  The  defendant  in  a  case  of  the  first  class  or  of 
the  second  class,  shall,  in  case  he  shall  have  been  served  with 
process  of  summons,  or  with  the  writ,  five  days  or  more  prior 
to  the  return  day  thereof,  demur  or  plead  to  the  declaration  or 
the  complaint  on  or  before  the  Monday  succeeding  such  return 
day;  but  in  case  the  summons  or  writ  shall  have  been  served 
less  than  five  days  prior  to  the  return  day,  the  defendant  shall 
not  be  required  to  plead  to  the  declaration  or  complaint  until 
on  or  before  the  second  Monday  after  such  return  day.  In  case 
the  time  for  filing  the  declaration  or  complaint  shall  be  extended 
by  the  court,  the  time  for  the  defendant  to  demur  or  plead  to 
the  same  shall  be  extended  until  the  second  Monday  succeeding 
the  expiration  of  such  extension  of  time.  The  time  within  which 
the  defendant  is  required  to  demur  or  plead  may  be  extended 
by  the  court  in  its  discretion.  In  cases  of  the  fourth  class  and 
in  eases  of  the  fifth  class,  the  defendant,  unless  he  shall  desire 
upon  the  trial  to  present  a  set-off  or  counter-claim,  shall  not 
be  required  to  file  any  written  pleadings. 

(Sections  28,  40  and  43.) 

Section  29.  The  defendant  in  any  case  of  the  first  class  or  of 
the  second  class,  may  plead  as  many  matters  of  fact  in  several 
pleas  as  he  may  deem  necessary  for  his  defense,  or  may  plead 
the  general  issue  and  give  notice  in  writing  under  the  same  of 
the  special  matters  intended  to  be  relied  on  for  a  defense  at  the 
trial ;  under  which  notice,  if  adjudged  by  the  court  to  be  suffi- 
ciently clear  and  explicit,  the  defendant  shall  be  permitted  to 
give  evidence  of  the  facts  therein  stated,  as  if  the  same  had  been 
specially  pleaded  and  issue  taken  thereon. 

Section  30.  The  defendant  in  any  action  brought  upon  any 
contract  or  agreement,  either  expressed  or  implied,  having 
claims  or  demands  against  the  plaintiff  in  such  action,  may,  in 
any  case  of  the  first  class  or  of  the  second  class,  plead  the  same, 
or  give  notice  thereof,  under  the  general  issue,  or  under  the  plea 


120  PRACTICE    IN    THE    MUNICIPAL    COURT. 

of  payment,  and,  in  a  case  of  the  fourth  class  or  of  the  fifth 
class,  may  file  a  bill  of  particulars  thereof  with  his  appearance 
or  thereafter  within  such  time  as  the  court  may,  in  its  dis- 
cretion, allow  therefor,  and  the  same,  or  such  part  thereof  as 
the  defendant  shall  prove  on  trial,  shall  be  set  off  and  allowed 
against  the  plaintiff's  demand,  and  a  verdict  shall  be  given  for 
the  balance  due.  And  if  it  shall  appear  that  the  plaintiff  is 
indebted  to  the  defendant  the  jury  shall  find  a  verdict  for  the 
defendant,  and  certify  to  the  court  the  amount  so  found;  and 
the  court  shall  give  judgment  in  favor  of  such  defendant,  with 
the  cost  of  his  defence.  If  the  cause  is  tried  by  the  court  the 
finding  and  judgment  shall  be  in  like  manner. 

(Sections  19,  28,  43  and  45.) 

Section  31.  When  such  plea  or  notice  of  set-off  shall  have 
been  interposed  in  a  case  of  the  first  class  or  of  the  second  class, 
or  when  such  bill  of  particulars  shall  have  been  filed  by  the 
defendant  in  a  case  of  the  fourth  class  or  in  a  case  of  the  fifth 
class,  the  plaintiff  shall  not  be  permitted  to  dismiss  his  suit 
without  the  consent  of  the  defendant,  or  leave  of  the  court. 

(Sections  19  and  40.) 

Section  32.  If  the  defendant  shall  plead  or  give  notice  of 
any  set-off  in  a  case  of  the  first  class  or  of  the  second  class,  or 
shall  file  a  bill  of  particulars  of  a  set-off  in  a  case  of  the  fourth, 
class  or  in  a  case  of  the  fifth  class,  he  shall  file  with  such 
plea  or  notice,  or  bill  of  particulars,  a  copy  of  the  instrument 
or  account  upon  which  he  intends  to  rely. 

Section  33.  Whenever,  in  a  ease  of  the  first  class  or  of  the 
second  class,  it  shall  become  necessary  for  the  attainment  of 
justice,  to  allow  a  plaintiff  to  reply  several  matters  to  the  plea 
of  a  defendant,  or  to  allow  a  defendant  to  rejoin  several  mat- 
ters to  the  replication  of  a  plaintiff,  the  court,  on  the  special 
application  of  the  party  desiring  so  to  reply  or  rejoin,  may  allow 
the  same  to  be  done. 

Section  34.  No  person  shall  be  permitted  to  deny,  on  trial, 
the  execution  or  assignment  of  any  instrument  in  writing, 
whether  sealed  or  not,  upon  which  any  action  may  have  been 
brought,  or  which  shall  be  pleaded  or  set  up  by  way  of  defence. 


PRACTICE  ACT   REWRITTEN.  121 

or  is  admissible  under  the  pleadings  or  bill  of  particulars  when 
a  copy  is  filed,  unless  the  party  so  denying  the  same  shall,  if  a 
defendant  in  a  case  of  the  first  class  or  of  the  second  class, 
verify  his  plea  by  affidavit,  or,  if  a  plaintiff  in  a  case  of  the 
first  class  or  of  the  second  class  or  a  plaintiff  or  defendant  in  a 
case  of  the  fourth  class  or  in  a  case  of  the  fifth  class,  shall  file 
his  affidavit  denying  the. execution  or  assignment  of  such  instru- 
ment: Provided,  if  the  party  making  such  denial  be  not'  the 
party  alleged  to  have  executed  or  assigned  such  instrument,  the 
denial  may  be  made  on  the  information  and  belief  of  such 
party. 

(Sections  19  and  40.) 

Section  35.  In  trials  of  actions  upon  contracts,  expressed  or 
implied,  where  the  action  is  brought  by  partners,  or  by  joint 
payees  or  obligees,  it  shall  not  be  necessary  for  the  plaintiff,  in 
order  to  maintain  any  such  action,  to  prove  the  co-partnership 
of  the  individuals  named  in  such  action,  or  to  prove  the  christian 
or  surnames  of  such  partners,  or  joint  payees  or  obligees;  but 
the  names  of  such  co-partners,  joint  payees  or  obligees,  shall  be 
presumed  to  be  truly  set  forth  in  the  declaration  in  a  case  of  the 
first  class  or  of  the  second  class,  or  in  the  praecipe  or  bill  of  par- 
ticulars in  a  case  of  the  fourth  class  or  of  the  fifth  class:  Pro- 
vided, that  nothing  herein  contained  shall  prevent  the  defendant 
in  any  such  action  from  pleading  in  abatement  as  heretofore, 
or  of  proving,  on  the  trial,  either  that  more  persons  ought  to 
have  been  plaintiffs,  or  that  more  persons  have  been  made 
plaintiffs  than  have  a  legal  right  to  sue,  or  that  the  christian 
or  surname  is  other  and  different  from  the  one  stated  in  the 
declaration  or  praecipe  or  bill  of  particulars. 

(Sections  19  and  40.) 

Section  36.  In  actions  upon  contracts,  expressed  or  implied, 
against  two  or  more  defendants  as  partners  or  joint  obligors 
or  payors,  whether  so  alleged  or  not,  proof  of  the  joint  liabil- 
ity or  partnership  of  the  defendants,  or  christian  or  surnames, 
shall  not,  in  the  first  instance,  be  required  to  entitle  the  plaintiff 
to  judgment,  unless  such  proof  shall  be  rendered  necessary  by 
pleading  in  abatement,  or  unless  the  defendant  shall  file,  if  the 
case  be  one  of  the  first  class  or  one  of  the  second  class,  a  plea  in 
bar  verified  by  affidavit,  or,  if  the  case  be  one  of  the  fourth 


122  PRACTICE    IX    THE    IIUNICIP-U.    COURT. 

class  or  one  of  the  fifth  class,  an  affidavit,  denying  the  part- 
nership or  joint  liability  or  the  execution  of  the  instrument 
sued  upon.  (Sections  19  and  40.) 

Section  37.  If  the  plaintiff  in  any  suit  upon  a  contract,  ex- 
pressed or  implied,  for  the  payment  of  money,  shall  file  with  his 
declaration,  if  the  case  be  one  of  the  first  class  or  of  the  second 
class,  or  with  his  bill  of  particulai-s,  if  the  case  be  one  of  the 
fourth  class  or  one  of  the  fifth  class^^  an  affidavit  showing  the 
nature  of  his  demand  and  the  amount  due  him  from  the  defend- 
ant, after  allowing  to  the  defendant  all  his  just  credits,  deduc- 
tions and  set-offs,  if  any,  he  shall  be  entitled  to  judgment  as 
in  case  of  default,  unless  the  defendant,  or  his  agent  or  attor- 
ney, if  the  defendant  is  a  resident  of  the  city  of  Chicago,  shall 
file  with  his  plea,  if  the  case  be  one  of  the  first  class  or  of  the 
second  class,  or  Vv-ith  his  entry  of  appearance,  if  the  case  be 
one  of  the  fourth  class  or  one  of  the  fifth  class,  an  affidavit 
stating  that  he  verily  believes  he  has  a  good  defence  to  said 
suit,  upon  the  merits  io  the  whole  or  a  portion  of  the  plaintiff's 
demand,  and  if  a  portion,  specifying  the  amount  (according  to 
the  best  of  his  judgment  and  belief).  Upon  good  cause  shown, 
the  time  for  filing  such  alfidavit  may  be  extended  for  such 
reasonable  time  as  the  court  shall  order.  No  afSdavit  of  merits 
need  be  filed  with  a  demurrer  or  motion:  Provided,  that  this 
section  shall  not  apply  to  any  case  where  an  executor  or  admin- 
istrator shall  defend  in  behalf  of  an  estate ;  and,  provided,  fur- 
ther, that  if  the  plaintiff,  his  agent  or  attorney,  shall  file  an 
affidavit  stating  that  affiant  is  taken  hy  surprise  by  such  plea 
and  affida^dt  of  merit,  or  by  such  affidavit  of  merit,  and  that  he 
believes  that  plaintiff  has  testimony  to  support  his  claim  against 
the  defendant,  which  he  cannot  produce  at  the  time  at  which 
otherwise  said  cause  would  be  subject  to  trial,  but  expects  to 
produce  such  testimony  within  a  reasonable  time  to  be  speci- 
fied in  such  affidavit,  the  court  shall  postpone  the  trial  of  such 
cause  for  such  time  as  the  court  may,  in  consideration  of  all 
the  circumstances,  deem  reasonable. 

(Sections  19  and  40.) 

Section  38.  When  any  part  of  the  demand  is  upon  an  ac- 
count, and  the  defendant  shall  suffer  default  for  want  of  an 
affidavit  of  merits,  or  for  non-appearance,  or  for  nil  dicif,  the 


PRACTICE   ACT   REWRITTEN.  123 

affidavit  so  filed  with  the  declaration  or  bill  of  particulars  may 
be  taken  as  prima  facie  evidence  of  the  amount  due  upon  such 
account;  but  the  court  may  require  further  evidence. 

(Sections  19  and  40.) 

Section  39.  The  court  may  give  judgment  by  default  against 
a  defendant  in  a  case  of  the  first  class  or  of  the  second  class,  if 
he  shall  have  been  served  with  process  of  summons  or  with  the 
writ  five  days  or  more  prior  to  the  return  day  thereof  aiid 
.shall  not  have  demurred  or  pleaded  to  the  declaration  or  com- 
plaint on  or  before  the  Monday  succeeding  such  return  day: 
Provided,  hovv'ever,  that  in  case  the  summons  or  writ  shall  have 
been  served  less  than  five  days  prior  to  the  return  day,  the 
defendant  shall  not  be  defaulted  unless  he  shall  have  failed  to 
plead  to  the  declaration  or  complaint  on  or  before  the  second 
Monday  after  sncli  return  day ;  or  in  case  the  time  for  filing  the 
declaration  shall  have  been  extended  by  the  court,  unless  the 
defendant  shall  have  failed  to  demur  or  plead  to  the  declaration 
on  or  before  the  second  Monday  succeeding  the  expiration 
of  such  extension  of  time;  or  in  case  the  time  within  which  the 
defendant  is  required  to  demur  or  plead  shall  be  extended  by 
the  court,  unless  the  defendant  shall  have  failed  to  demur 
or  plead  within  the  time  provided  for  by  such  extension.  In  a 
case  of  the  fourth  class  or  of  the  fifth  class  the  defendant  shall 
])e  entitled  to  a  judgment  as  in  case  of  default,  unless  the  de- 
fendant shall  either  appear  in  person  at  the  time  specified  in 
such  summons  or  shall,  at  or  before  the  time  fixed  in  such  sum- 
mons for  his  appearance,  file  his  appearance  in  WTiting. 

(Sections  28,  43  and  45.) 

Section  40.  The  court  may,  in  its  discretion,  before  final 
judgment,  set  aside  any  default  and  may  set  aside  any  final 
order  or  judgment  within  thirty  days  after  the  entry  thereof 
upon  good  and  sufficient  cause,  upon  affidavit,  upon  such  term.s 
and  conditions  as  shall  be  deemed  reasonable. 

(Sections  19  and  21.) 

Section  41.  In  all  suits  in  the  municipal  court  upon  default, 
when  the  damages  are  to  be  assessed,  it  shall  be  lawful  for  the 
court  to  hear  the  evidence  and  assess  the  dajnages  without  a 
jury  for  that  purpose.     In  all  cases  where  interlocutory  judg* 


124  PRACTICE    IN    TUE    MUNICIPAL    COURT. 

ment  shall  be  given  in  any  action  brought  upon  a  penal  bond 
or  upon  any  instrument  of  writing,  for  the  payment  of  money 
only,  and  the  damages  rest  in  computation,  the  court  may  refer 
it  to  the  clerk  to  assess  and  report  the  damages  and  may  enter 
judgment  therefor:  Provided,  that  either  party  may  have  the 
damages  assessed  by  a  jury. 

Section  42.  Every  suit  at  law  in  the  municipal  court,  other 
than  a  case  of  the  second  class  or  a  ease  of  the  third  class,  shall 
be  tried  hy  the  court  without  a  jury,  unless  the  plaintiff  at  the 
time  he  conunences  his  suit,  or  the  defendant  at  the  time  he  en- 
ters his  appearance,  shall  file  with  the  clerk  a  demand  in  writ- 
ing of  a  trial  by  jury,  which  demand,  however,  may  be  with- 
drawn by  the  party  filing  the  same  at  any  time  before  the  trial. 
Upon  the  trial  of  any  case  tried  by  the  court,  without  a  jury, 
either  party  maj^  within  such  time  as  the  court  may  require, 
submit  to  the  court  written  propositions  to  be  held  as  law  in 
the  decision  of  the  case  upon  which  the  court  shall  write  "re- 
fused" or  "held,"  as  he  shall  be  of  opinion  is  the  law,  or  mod- 
ify the  same,  to  which  either  party  may  except  as  to  other 
opinions  of  the  court. 

(Section  30.) 

Section  43.  When  either  party  shall  apply  for  a  postpone- 
ment of  the  trial  of  a  cause  on  account  of  the  absence  of  testi- 
mony, the  motion  shall  be  grounded  on  the  affidavit  of  the 
party  so  applying,  or  his  authorized  agent,  showing  that  due 
diligence  has  been  used  to  obtain  such  testimony,  or  the  want 
of  time  to  obtain  it,  and  Avhat  particular  fact  or  facts  the  party 
expects  to  prove  by  such  evidence,  and  if  the  evidence  is  the 
testimony  of  a  witness,  his  place  of  residence,  or  if  his  place 
of  residence  is  not  known,  showing  that  due  diligence  has 
l)een  used  to  ascertain  the  same,  and  that  if  further  time  is 
given  his  place  of  residence  can  bo  ascertained. 

(Section  21.) 

Section  44.  Should  the  court  be  satisfied  that  such  evidence 
would  not  be  material  on  the  trial  of  the  cause,  or  if  the  other 
party  will  admit  the  affidavit  in  evidence,  the  trial  of  the  cause 
shall  not  be  postponed. 

(Section  21.) 


I 


PRACTICE  ACT  REWRITTEN.  125 

Section  45.  When  the  affidavit  is  concerning  the  evidence 
of  a  witness,  the  party  admitting  such  affidavit  shall  be  held  to 
admit  only  that  if  the  absent  witness  were  present  he  would 
testify  as  alleged  in  the  affidavit,  and  such  admission  shall  have 
no  greater  force  or  effect  than  if  such  absent  witness  were  pres- 
ent and  testified  as  alleged  in  the  affidavit,  leaving  it  to  the 
party  admitting  such  affidavit  to  controvert  the  statements  con- 
tained therein,  or  to  impeach  said  witness,  the  same  as  if  such 
witness  were  present  and  examined  in  open  court. 

(Section    21.) 

Section  46.  It  shall  be  a  sufficient  cause  for  the  postpone- 
ment of  the  trial  of  any  case,  in  time  of  war  or  insurrection, 
that  the  defendant  is  in  the  military  service  of  the  United 
States  or  this  State,  if  it  shall  be  made  to  appear  to  the  court 
by  affidavit,  and  that  the  presence  of  the  defendant  is  in  any 
degree  necessary  for  a  full  and  fair  defense  of  the  suit. 

(Section  21.) 

Section  47.  In  all  suits  pending  in  the  municipal  court  at 
any  time  when  the  General  Assembly  is  in  session,  it  shall  be  a 
sufficient  cause  for  a  postponement  of  the  trial  if  it  shall  appear 
to  the  court,  by  affidavit,  that  any  party  applying  for  such 
postponement,  or  any  attorney,  solicitor,  or  counsel  of  such 
party,  is  a  member  of  either  house  of  the  General  Assembly, 
and  in  actual  attendance  upon  the  sessions  of  the  same,  and  that 
the  attendance  of  such  party,  attorney,  solicitor  or  counsel  in 
court  is  necessary  to  a  fair  and  proper  trial  of  such  suit ;  and, 
on  the  filing  of  such  affidavit,  the  court  may  postpone  a  trial  of 
said  suit,  and,  when  so  postponed,  no  trial  or  other  proceeding 
shall  be  had  therein  until  the  adjournment  of  the  General  As- 
sembly, nor  within  ten  days  thereafter.  Such  affidavit  shall 
be  sufficient,  if  made  at  any  time  during  the  session  of  the 
General  Assembly,  showing  that,  at  the  time  of  making  the 
same,  such  party,  attorney,  solicitor  or  counsel  is  in  actual  at- 
tendance upon  such  session  of  the  General  Assembly. 

(Section  21.) 

Section  48.  The  foregoing  section  shall  not  apply  to  cases 
of  application  for  postponement  of  the  trial  by  reason  of 
the  absence  of  any  attorney,  solicitor  or  counsel  who  shall  not 


126  PRACTICE    IN    THE    MUNICIPAL    COURT. 

have  been  actually  employed  in  such  suit  prior  to  the  com- 
mencement of  such  session  of  tlie  General  Assembly. 

(Section  21.) 

Section  48«.  The  court  may,  in  any  case  of  the  fourth  class 
or  any  case  of  the  fifth  class,  pjrant  postponements  of  the  trial, 
and  make  such  other  orders  in  respect  thereto,  as  the  court 
may  deem  proper  and  necessary  for  the  protection  of  the  rights 
of  the  parties,  and  the  failure  of  the  court  to  try  any  such 
case  at  the  time  to  which  the  trial  has  been  postponed  shall  not 
operate  as  a  discontinuance,  but  the  same  shall  remain  under 
the  control  of  the  court  until  the  final  disposition  tliereof. 

(Section  47.) 

Section  486.  The  municipal  court  in  any  civil  suit  pendinir 
therein,  at  any  time  before  the  trial  or  final  hearing  thereof, 
may  permit  the  filing  therein  of  interrogatories  to  be  answered 
by  any  party  to  such  suit  or  any  person  for  whose  immediate 
benefit  such  suit  is  prosecuted  or  defended,  or  by  the  directors, 
officers,  superintendent  or  managing  agents  of  any  corporation 
which  is  a  part}^  to  the  record  in  such  suit,  at  the  instance 
of  the  adverse  party  or  parties  or  any  of  them,  and  to  require  an 
answer  under  oath  to  all  such  interrogatories  as  the  party  to 
be  interrogated  might  be  required  to  answer,  if  called  as  a  wit- 
ness upon  the  trial  or  hearing  of  such  suit,  but  the  party  filing 
such  interrogatories  shall  not  be  concluded  by  the  answers  there- 
to, if  he  shall  elect  to  introduce  the  same  or  any  or  either  of 

them  upon  the  trial  or  final  hearing. 

(Section  32.) 

Section  48c.  Upon  the  trial  or  hearing  of  any  suit  in  the 
municipal  court  any  party  thereto,  or  any  person  for  whose 
immediate  benefit  such  suit  is  prosecuted  or  defended,  or  the 
directors,  officers,  superintendent  or  managing  agents  of  any 
corporation  which  is  a  party  to  the  record  in  such  suit,  may 
be  examined  upon  the  trial  thereof  as  if  under  cross-examin- 
ation at  the  instance  of  the  adverse  party  or  parties  or  anj- 
of  them,  and  for  that  purpose  may  be  compelled,  in  the  same 
manner  and  subject  to  the  same  rules  for  examination  as  any 
other  witness,  to  testify,  but  the  party  calling  for  such  ex- 
amination shall  not  be  conclu-ded  thereby,  but  may  rebut  the 
testimony  thus  criven  bv  counter  testimonv. 

(Section  33.) 


PRACTICE  ACT  REWRITTEN.  127 

Section  4:8d.  Whenever  in  any  suit  pending  in  the  municipal 
court,  evidence  shall  be  necessary  concerning  any  fact  in  support 
of  or  in  opposition  to  any  interlocutory  or  other  motion  or  ap- 
plication, other  than  an  application  for  a  change  of  venue,  the 
court  may,  in  its  discretion,  require  such  evidence  to  be  pre- 
sented by  the  oral  examination  of  witnesses  in  open  court  or 
otherwise,  and  may  make  all  necessary  orders  for  such  oral  ex- 
amination. 

(Section  34.) 

Section  48e.  Any  judge  of  the  municipal  court  shall,  upon 
the  application  of  either  party  and  upon  reasonable  notice  to 
the  opposite  party,  have  power  to  sign  or  otherwise  make  any 
order  in  any  suit  pending  in  the  municipal  court  at  any  place 
within  the  city  of  Chicago,  whenever  in  the  opinion  of  such 
judge  the  gi-anting  of  such  order  at  such  place  is  in  further- 
ance of  justice,  and  such  order  shall  be  as  effective  as  if  made 
in  any  court  room  of  said  court  or  in  the  chambers  of  said 
judge. 

(Section  35.) 

Section  49.  In  all  civil  suits  in  the  municipal  court  each 
party  shall  be  entitled  to  a  challenge  of  three  jurors  without 
showing  cause  for  such  challenge.  It  shall  be  the  duty  of  the 
judge  presiding  at  the  trial  to  examine,  or  cause  to  be  ex- 
amined, all  jurors  called  into  the  jury  box  in  any  case  with  re- 
spect to  their  statutory  qualifications  to  serve  as  petit  jurors 
in  such  case,  and  to  permit  the  plaintiff',  or  the  people,  and  the 
defendant  to  propound  to  the  jurors  such  pertinent  questions 
as  may  be  necessary  for  the  purpose  of  ascertaining  whether 
the  jurors  are  biased  or  prejudiced.  But  upon  appeal  or  writ 
of  error  to  review  any  judgment  of  said  municipal  court,  in  any 
ease  tried  therein  by  jury,  no  assignment  of  error  shall  be  al- 
lowed which  shall  call  in  question  any  ruling  of  the  court  per- 
taining to  or  connected  with  the  impaneling  of  the  jury,  other 
than  one  improperly  restricting  the  right  of  the  defendant  to 
examine  the  jurors  as  to  bias  or  prejudice,  or  improperly  over- 
ruling a  challenge  by  the  defendant  of   a  juror  for  bias  or 

prejudice. 

(Section  31.) 


128  PRACTICE    IN    THE    MUNICIP.VL    COURT. 

Section  50.  Every  person  desirous  of  suffering  a  non-suit 
on  trial  shall  be  barred  therefrom  unless  he  do  so  before  the 
jury  retire  from  the  bar. 

Section  51.  If  one  or  more  of  the  counts  in  a  declaration  be 
faulty,  the  defendant  may  apply  to  the  court  to  instruct  the 
jury  to  disregard  such  faulty  count  or  counts. 

Section  52.  In  trials  by  jury  in  the  municipal  court  the 
court  shall  charge  the  jury  as  to  the  law  only. 

(Section  37.) 

Section  53.  The  charge  may,  in  the  discretion  of  the  court, 
be  given  orally  or  in  writing;  but  when  given  orally,  it  shall 
be  taken  down  in  shorthand,  and  at  the  request  of  either  party 
a  transcript  thereof  shall  be  made  and  filed  in  the  cause  in 
which  such  charge  is  given,  and  shall  be  made  a  part  of  the 

record  in  such  cause. 

(Section  37.) 

Section  54.  In  cases  in  which  the  judge  elects  to  charge  the 
jury  in  writing,  when  instructions  are  asked  which  the  judge 
cannot  give,  he  shall,  on  the  margin  thereof,  write  the  word 
''refused,"  and  such  as  he  approves  he  shall  write  on  the  mar- 
gin thereof  the  word  ' '  given, ' '  and  he  shall  in  no  case,  after  in- 
structions in  writing  are  given,  qualify,  modify  or  in  any  man- 
ner explain  the  same  to  the  jury  otherwise  than  in  writing. 
When  the  court  elects  to  charge  the  jury  in  writing,  exceptions 
to  the  giving  or  refusing  of  any  instruction  may  be  entered  at 
any  time  before  the  entry  of  final  judgment  in  the  case.  When 
the  judge  elects  to  charge  the  jury  orally,  either  party  may 
present  to  the  judge  requests  to  charge  and  exceptions  may  be 
taken  by  either  party  to  the  charge  as  given,  or  to  the  refusal 
of  the  judge  to  charge  as  requested,  at  any  time  before  the  jury 
retires. 

(Section  37.) 

Section  55.  When  the  judge  elects  to  charge  the  jury  in 
writing,  the  instructions  so  given  shall  be  taken  by  the  jury 
in  their  retirement  and  returned  by  them  with  their  verdict  into 
court. 

(Section  37.) 


PRACTICE  ACT  REWRITTEN:  129 

Section  56.  Papers  read  in  evidence,  other  than  depositions, 
may  be  carried  from  the  bar  by  the  jury. 

Section  57.  It  shall  be  suffijcient  for  the  jury  to  pronounce 
their  verdict  by  their  foreman  in  open  court  without  reducing 
the  same  to  writing,  and  the  clerk  shall  enter  the  same  in  form 
under  the  direction  of  the  court ;  and  if  either  party  may  wish 
to  except  to  the  verdict,  or,  for  other  causes,  to  move  for  a  new 
trial  or  in  arrest  of  judgment,  he  shall,  before  the  final  judg- 
ment be  entered,  or  within  thirty  days  after  the  same  is  entered, 
by  himself  or  counsel,  file  the  points  in  writing,  particularly 
specifying  the  grounds  of  such  motion,  and  final  judgment  shall 
thereupon  be  stayed  until  such  motion  can  be  heard  by  the 
court ;  but  no  more  than  two  new  trials  upon  the  same  grounds 
shall  be  granted  to  the  same  party  in  the  same  cause,  nor  shall 
any  verdict  or  judgment  be  set  aside  for  irregularity  only, 
unless  cause  be  shown  for  the  same  within  thirty  days  after 
such  judgment  or  verdict  shall  be  given.  In  all  cases  where 
a  new  trial  shall  be  granted  on  account  of  improper  instructions 
having  been  given  by  the  judge,  or  improper  evidence  admitted, 
or  because  the  verdict  of  the  jury  is  contrary  to  the  weight  of 
the  evidence,  or  for  any  other  cause  not  the  fault  of  the  party 
applying  for  such  new  trial,  said  new  trial  shall  be  granted 
without  costs  and  as  of  right. 

Section  58.  Whenever  in  any  case  of  the  first  class  or  of  the 
second  class  an  entire  verdict  shall  be  given  on  several  counts, 
the  same  shall  not  be  set  aside  or  reversed  on  the  ground  of 
any  defective  count,  if  one  or  more  of  the  counts  in  the  declara- 
tion be  sufficient  to  sustain  the  verdict. 

Section  58a.  In  all  trials  by  jury  in  civil  cases  in  the  munic- 
ipal court,  the  jury  may  render,  in  their  discretion,  either  a 
general  or  a  special  verdict;  and  in  any  case  in  which  they 
render  a  general  verdict  they  may  be  required  by  the  court,  and 
must  be  so  required  on  request  of  any  party  to  the  action,  to 
find  specially  upon  any  material  question  or  questions  of  fact 
which  shall  be  stated  to  them  in  writing,  which  questions  of  fact 
shall  be  submitted  by  the  party  requesting  the  same  to  the  ad- 
verse party  before  the  commencement  of  the  argument  to  the 
jury. 
9 


130  PRACTICE    IN    TPIE    MUNICIPAL    COURT. 

Section  58^.  Submitting  or  refusing  to  submit  a  question  of 
fact  to  the  jury,  when  requested  by  a  party  as  provided  in  the 
preceding  section,  may  be  excepted  to  and  be  reviewed  on  ap- 
peal or  writ  of  error  as  a  ruling  on  a  question  of  law,  when- 
ever such  review  is  necessary  to  prevent  a  failure  of  justice. 

(Sections  19,  22,  and  23.) 

Section  58c.  When  the  special  finding  of  fact  is  inconsistent 
with  the  general  verdict,  the  former  shall  control  the  latter, 
and  the  court  may  render  judgment  accordingly. 

Section  59.  When  in  any  case  of  the  first  class  or  of  the 
second  class  judgment  shall  be  arrested  for  any  defect  in  the 
record  of  proceedings  after  the  first  process,  the  plaintiff  shall 
not  be  compelled  to  commence  his  action  anew,  but  the  court 
shall  order  new  pleadings  to  commence  with  the  error  that 
caused  the  arrest. 

Section  60.  If,  during  the  progress  of  any  trial  in  any 
civil  cause  of  the  first  class  or  of  the  second  class,  either  party 
shall  allege  an  exception  to  the  opinion  of  the  court  and  reduce 
the  same  to  writing,  it  shall  be  the  duty  of  the  judge  to  allow 
said  exception  and  sign  and  seal  the  same,  and  the  said  excep- 
tion shall  thereupon  become  a  part  of  the  n^cord  of  such  cause. 

Section  61.  Exceptions  taken  to  the  decisions  of  the  court 
upon  the  trial  of  any  case  of  the  first  class  or  of  the  second 
class,  tried  by  the  court  without  the  intervention  of  a  jury, 
shall  be  deemed  and  held  to  have  been  properly  taken  and  al- 
lowed, and  the  party  excepting  may  assign  for  error  before  the 
supreme  court  or  the  appellate  court,  as  the  case  may  be,  any 
decision  so  excepted  to,  whether  such  exception  relates  to  re- 
ceiving improper  or  rejecting  proper  testimony,  or  to  the  final 
judgment  of  the  court  upon  the  law  and  the  evidence. 

(But  see  post,  Section  G3&.) 

Section  62.  Exceptions  taken  to  decisions  of  the  court  in 
eases  of  the  first  class  and  of  the  second  class,  overruling  mo- 
tions in  arrest  of  judgment,  motions  for  new  ti-ials,  motions  to 
amend  and  for  postponements  of  ti'ials  of  causes  shall  be  al- 
lowed; and  the  paity  exce])ting  may  assign  for  error  any  de- 
cision so  excepted  lo.  (But  see  po^t.  Section  636.) 


PRACTICE  ACT   REWRITTEN.  131 

Section  63.  Exceptions  taken  to  decisions  of  the  municipal 
court  overruling  motions  in  arrest  of  judgment,  for  ncAV  trials, 
or  for  postponements  of  trials  or  changes  of  venue,  shall  be  al- 
lowed in  all  criminal  cases,  and  in  penal  and  qui  tarn  actions 
of  the  first  class  and  of  the  second  class;  and  the  party  except- 
ing to  such  decisions  may  assign  the  same  for  error  in  the  same 
manner  as  in  civil  cases. 

(But  see  post  Section  636.) 

Section  636.  No  assignment  of  error  in  the  supreme  court 
signed  in  any  case  of  the  first  class  or  any  case  of  the  second 
class,  or  any  case  of  the  third  class,  tried  and  determined  in  the 
municipal  court,  that  any  erroneous  ruling  was  made  by  said 
municipal  court  against  the  objection  of  the  party  complaining 
thereof,  but  that  no  formal  exception  was  taken  by  such  party 
thereto,  such  erroneous  ruling  shall  be  subject  to  review  upon 
appeal  or  writ  of  error  to  the  same  extent  and  in  like  manner 
as  if  it  appeared  that  formal  exception  had  been  taken  thereto 
by  the  party  complaining,  and  no  bill  of  exceptions  shall  be 
held  defective  for  the  want  of  the  seal  of  the  judge  thereto. 
Upon  the  prosecution  of  an  appeal  or  writ  of  error  to  review 
any  judgment  of  the  municipal  court,  in  any  such  case,  the  orig- 
inal bill  of  exceptions,  in  lieu  of  a  certified  copy  thereof,  shall 
be  inserted  in  the  transcript  of  the  record  to  be  filed  in  the 
supreme  court  or  appellate  court  upon  such  appeal  or  writ  of 
error,  unless  the  municipal  court  shall  otherwise  direct,  and 
upon  the  final  determination  of  such  appeal  or  writ  of  error 
such  original  bill  of  exceptions  shall  be  remitted  to  the  munic- 
ipal court.  (Section  38.) 

Section  636.  No  assiu;iiineut  of  error  in  the  supreme  court 
or  in  the  appellate  court  in  any  ease  of  the  first  class,  or  .st-eond 
class,  or  third  class,  shall  be  allowed  wliicli  shall  call  in  (piestion 
the  decision  of  the  municipal  court  in  respect  to  any  matter 
pertaining  to  the  practice  in  said  courl  :  Provided,  however, 
that  the  supreme  court  or  the  appellate  court,  as  the  case  may 
be,  may  grant  relief  from  any  error  of  the  municipal  court  in 
respect  to  a  matter  of  practice  therein  in  any  case  v.']iere,  in 
the  opinion  of  the  supreme  court  or  the  appellate  court,  such 
relief  is  necessary  to  prevent  a  failure  of  justice. 

r  Sections  19  and  22.) 


132  PRACTICE    IN    THE    MUNICIPAL   COURT. 

Section  64.  All  affidavits  road  in  court  during  the  progress 
of  any  cause,  and  relating  thereto,  shall  be  filed  and  preserved 
by  the  clerk. 

Section  65.  A  party  intending  to  move  to  set  aside  or  quash 
any  execution,  replevin  bond,  or  any  other  proceeding,  may  ap- 
ply to  the  court  for  a  stay  of  further  proceeding's  until  the  or- 
der of  the  court  on  the  motion;  and  such  stay  of  proceedings 
may  be  granted  by  the  court  whenever,  in  the  opinion  of  the 
court,  there  is  probable  cause  therefor;  and  in  case  any  such 
order  is  obtained,  a  copy  thereof  shall  be  served  upon  the  op- 
posite party,  or  his  attorney,  at  the  time  of,  or  after  the  service 
of,  the  notice  of  the  motion  and  thereupon  all  further  proceed- 
ings shall  be  stayed  accordingly.  But  in  no  case  shall  the  court 
grant  a  stay  of  proceedings  when  the  error  complained  of  may, 
by  the  direction  of  the  court  to  the  clerk,  be  corrected;  but  the 
court  shall  order  the  correction  and  the  clerk  shall  make  the 
correction  accordingly;  nor  .shall  such  stay  of  proceedings  be 
granted  unless  the  applicant  shall  have  given  notice  of  his 
motion  to  the  opposite  party  or  his  attorney  of  record  if  they, 
or  either  of  them,  can  be  found  in  the  city  of  Chicago. 

(Sections  19  and  21.) 

Section  66.  Any  person,  for  a  debt  bona  fide  due,  may  con- 
fess judgment  by  himself  or  attorney  duly  authorized  without 
process.  Judgments  entered  by  confession  shall  have  like  force 
and  effect  and  from  the  date  thereof  become  liens  in  like  man- 
ner and  extent  as  other  judgments  of  the  same  class. 

(Section  21.) 

Section  67.  The  writ  of  error  coram  nobis  is  hereby  abol- 
ished and  all  errors  in  fact  committed  in  the  proceedings  of 
the  municipal  court  and  which  by  the  common  law  could  have 
been  corrected  by  said  writ,  may  be  corrected  by  the  municipal 
court  upon  motion  in  writing  made  at  any  time  within  five  years 
after  the  rendition  of  final  judgment  in  the  case  upon  reason- 
able notice.  Where  the  person  entitled  to  make  such  motion 
shall  be  an  infant,  femme  coveH,  nan  compos  mentis,  or  under 
duress  at  the  time  of  passing  judgment,  the  time  of  such  dis- 
ability shall  be  excluded  from  the  computation  of  said  five  years. 


I 


PRACTICE  ACT  REWRITTEN.  133 

Section  69.  The  final  orders,  judgments  and  decrees  of  the 
municipal  court  in  cases  of  the  first  class,  cases  of  the  second 
class  and  cases  of  the  third  class,  may  be  reviewed  upon  error 
or  appeal  by  the  supreme  court  in  all  criminal  cases  above 
the  grade  of  misdemeanors,  cases  in  which  a  franchise  or  free- 
hold or  the  validity  of  a  statute  or  the  construction  of  the  con- 
stitution is  involved,  and  in  all  cases  relating  to  the  revenue 
or  in  which  the  State  is  interested,  as  a  party  or  otherwise, 
and  by  the  appellate  court  in  all  other  cases  of  said  classes; 
but  no  appeal  shall  be  allowed  in  any  such  case  unless  the 
same  be  prayed  for  within  twenty  days  after  the  entry  of  the 
order,  judgment  or  decree  appealed  from.  The  party  praying 
for  any  such  appeal  shall,  within  such  time,  not  less  than 
twenty  days,  as  shall  be  limited  by  the  court,  give  and  file  in  the 
office  of  the  clerk  of  the  municipal  court  bonds  in  a  reasonable 
amount  to  secure  the  adverse  party,  to  be  fixed  by  the  court, 
with  sufficient  surety  to  be  approved  by  the  court.  If  the  ap- 
peal is  from  a  judgment  or  decree  for  the  recovery  of  money, 
the  condition  of  the  bond  shall  be  for  the  prosecution  of  such 
appeal  and  the  payment  of  the  judgment,  interest,  damages 
and  costs,  in  case  the  judgment  is  affirmed.  In  all  other  cases 
the  condition  shall  be  directed  by  the  court  with  reference  to  the 
character  of  the  judgment,  order  or  decree  appealed  from. 
The  obligee  in  such  bond  may  at  any  time  on  a  breach  of  the 
conditions  thereof  have  and  maintain  an  action  at  law  as  on 
other  bonds. 

(Section  22.) 
* 

Section  69.  The  clerk  may,  by  order  of  the  court,  made  at 
the  time  of  praying  the  appeal,  and  entered  of  record,  ap- 
prove of  the  security  offered  upon  such  bond. 

Section  70.  No  appeal  in  any  such  case  to  the  supreme 
court  or  appellate  court  shall  be  dismissed  by  reason  of  any 
informality  or  insufficiency  of  the  appeal  bond,  if  the  party  tak- 
ing such  appeal  shall,  within  a  reasonable  timCj  to  be  fixed  by 
the  court,  file  a  good  and  sufficient  bond  in  such  cause  to  be 
approved  by  the  said  court. 

Section  71.  In  all  cases  where  a  judgment  or  decree  shall 
be  rendered  in  the  municipal  court  in  any  case  whatever,  either 


134  PRACTICE    IN    THE    MUNICIP.VI^    COURT. 

in  law  or  in  chancery,  against  two  or  more  persons,  either  one 
of  said  persons  shall  be  permitted  to  remove  such  suit  to  the 
appellate  court  or  to  the  supreme  court,  as  the  case  may  be, 
by  appeal  or  writ  of  error,  if  the  case  be  one  of  the  first  class, 
one  of  the  second  class  or  one  of  the  third  class,  or  by  writ  of 
error  if  the  case  be  one  of  the  fourth  or  one  of  the  fifth  class, 
and  for  that  purpose  shall  be  permitted  to  use  the  names  of  all 
said  persons,  if  necessary,  but  no  cost  shall  be  taxed  against 
anj^  person  who  shall  not  join  in  said  appeal  or  writ  of  error. 
All  such  cases  shall  be  determined  in  said  appellate  court,  or 
supreme  court,  as  other  suits  of  the  same  classes,  respectively, 
are,  and  in  the  same  manner  as  if  all  the  parties  had  joined 
in  such  appeal  or  writ  of  error. 

(Sections  19,  22  and  23.) 

Section  72.  The  state,  counties,  cities,  villages,  towns,  school 
districts,  and  all  other  municipal  corporations  and  the  corpo- 
rations of  all  charitable,  educational,  penal  or  reformatory 
institutions  under  the  patronage  and  control  of  the  state,  and 
all  public  officers,  when  suing  or  defending  in  their  official  ca- 
pacities, for  the  benefit  of  the  public,  may  in  all  cases  of  ap- 
peal or  writ  of  error  from  or  to  the  municipal  court  prosecute 
the  same  without  giving  bond.  And  the  supreme  or  appellate 
court,  or  the  judges  thereof  in  vacation,  may  grant  writs  of 
supersedeas  on  any  writ  of  error  or  appeal,  when  prosecuted  by 
the  state  or  any  of  said  corporations  or  public  offi!cers,  without 
requiring  any  bond  to  be  given  as  required  by  law  in  other 
eases. 

Section  72a.  The  final  orders  and  judgments  of  the  munici- 
pal court  in  cases  of  the  fourth  class  and  in  cases  of  the  fifth 
class  shall  be  reviewed  by  writ  of  error  only.  Such  writ  of 
error  shall  be  sued  out  of  the  supreme  court  in  all  cases  in 
which  a  franchise,  a  freehold  or  the  vaHditj''  of  a  statute  or  the 
construction  of  the  constitution  is  involved,  and  out  of  the 
appellate  court  in  all  other  cases.  The  time  within  which  a 
writ  of  error  may  be  sued  out  in  any  such  case  shall  be  limited 
to  thirty  days  after  the  entry  of  the  final  order  or  judgment 
complained  of.  The  manner  of  prosecuting  such  writ  of  error 
shall  be  as  follows: 


PRACTICE  ACT  REWRITTEN.  135 

First — Any  party  to  any  such  case  against  whom  there  has 
been  rendered  any  final  order  or  judgment  of  the  municipal 
court  and  who  shall  desire  to  obtain  a  review  of  such  final  order 
or  judgment  by  appeal  or  writ  of  error,  may  obtain  from  the 
municipal  court  a  stay  of  execution  upon  such  order  or  judg- 
ment for  ninety  days  after  the  entry  thereof  by  the  giving  of 
a  bond  with  a  sufificient  surety  or  sureties,  to  be  approved  by  a 
judge  of  the  municipal  court,  conditioned  for  the  performance 
by  such  party  of,  or  his  compliance  with,  such  order  or  judg- 
ment, or  his  payment  of  the  money  thereby  required  to  be  paid 
and  all  costs  which  may  be  awarded  the  opposite  party  in  the 
supreme  court  or  the  appellate  court,  as  the  case  may  be,  in 
case  a  writ  of  error  to  review  such  order  or  judgment  shall  not 
be  sued  out  within  thirty  days  from  the  date  thereof,  or  in  case, 
upon  the  suing  out  and  prosecution  of  such  writ  of  error,  the 
order  or  judgment  shall  be  affirmed  by  the  supreme  court  or 
the  appellate  court,  as  the  case  may  be. 

Second — No  other  or  further  stay  of  proceedings  or  execu- 
tion in  any  such  case  shall  be  allowed  by  the  municipal  court, 
but  the  supreme  court  or  the  appellate  court,  or  any  judge 
thereof,  may  allow  a  supersedeas  as  in  other  cases,  but  upon 
the  allowance  of  any  supersedeas,  when  any  bond  has  been 
given  as  above  provided,  no  additional  bond  shall  be  required, 
and  such  supersedeas  shall  be  operative  until  the  final  deter- 
mination of  such  writ  of  error. 

Third — If,  upon  application  to  the  supreme  court  or  appel- 
late court,  or  to  any  judge  thereof,  for  a  supersedeas  the  same 
shall  be  denied,  such  order  or  judgment  shall  stand  affirmed, 
and  no  further  proceedings  shall  be  had  in  said  supreme  court 
or  appellate  court  with  respect  thereto,  unless  the  supreme 
court  or  appellate  court,  or  the  judge  denying  such  supersedeas 
shall  otherwise  order. 

Fourth — The  party  in  whose  favor  the  final  order  or  judg- 
ment has  been  entered  shall  be  entitled  to  sue  out  a  writ  of 
error  from  the  supreme  court  or  the  appellate  court,  as  the  ease 
may  be,  by  depositing  with  the  clerk  of  the  court  from  which 
said  writ  of  error  is  sued  out  the  sum  of  twenty  dollars  ($20) 
;is  security  to  the  opposite  party  for  such  costs  as  may  be  award- 
id  such  opposite  party  by  the  supreme  court  or  the  appellate 


136  PRACTICE   IN   THE   MUNICIPAL   COURT. 

court,  as  the  case  may  be,  upon  the  final  determination  of  such 
writ  of  error. 

Fifth — The  party  suing  out  any  writ  of  error  shall  not  be 
required  to  serve  upon  the  opposite  party  any  scire  facias  to 
hear  errors,  but  in  lieu  thereof  shall,  within  five  days  after  the 
issuance  of  the  writ  of  error,  file  the  same  with  the  clerk  of 
the  said  municipal  court,  and  make  to  the  supreme  court  or 
the  appellate  court,  as  the  case  may  be,  proof  of  such  filing, 
and  such  writ  of  error  so  filed  shall  be  notice  to  the  opposite 
party  of  the  suing  out  and  prosecution  of  such  writ  of  error. 

Sixth — Upon  application  made  at  any  time  within  sixty  days 
after  the  entry  of  any  final  order  or  judgment,  it  shall  be  the 
duty  of  the  judge  by  whom  such  final  order  or  judgment  was 
entered  to  sign  and  place  on  file  in  the  case  in  which  the  same 
was  entered,  if  so  requested  by  either  of  the  parties  to  the  suit, 
either  a  correct  statement,  to  be  prepared  by  the  party  request- 
ing the  signing  of  the  same,  of  the  facts  appearing  upon  the  trial 
thereof,  and  of  all  questions  of  law  involved  in  such  case,  and 
the  decisions  of  the  court  upon  said  questions  of  law,  or  a  cor- 
rect stenographic  report,  the  expense  of  procuring  which  shall 
be  paid  by  the  party  requesting  the  signing  of  the  same,  of 
the  proceedings  at  the  trial,  as  such  party  may  elect,  the  orig- 
inal of  which  statement  or  stenographic  report,  together  with 
a  certified  transcript  of  the  judgment,  shall  be  certified  to  the 
supreme  court  or  appellate  court,  as  the  case  may  be,  as  the 
record  to  be  considered  upon  the  review  of  such  order  or  judg- 
ment by  writ  of  error. 

Seventh — No  order  or  judgment  so  sought  to  be  reviewed 
shall  be  reversed  unless  the  supreme  court  or  appellate  court, 
as  the  case  may  be,  shall  be  satisfied  from  said  statement  or 
stenographic  report  signed  by  said  judge  that  such  order  or 
judgment  is  contrary  to  the  law  and  the  evidence,  or  that  such 
order  or  judgment  resulted  from  substantial  errors  of  said  mu- 
nicipal court  directly  affecting  the  matters  at  issue  between  the 
parties,  in  which  last  mentioned  case  the  supreme  court  or  ap- 
pellate court,  as  the  case  may  be,  may  enter  such  order  or  judg- 
ment as,  in  its  opinion,  the  municipal  court  ought  to  have 
entered,  or  it  may  reverse  the  said  order  or  judgment  and  re- 
mand the  case  to  the  municipal  court  for  further  proceedings. 

Eighth — No  assignment  of  error  in  the  supreme  court  or  in 


PRACTICE  ACT  REWRITTEN.  137 

the  appellate  court  in  any  such  ease  shall  be  allowed  which 
shall  call  in  question  the  decision  of  such  municipal  court  in 
respect  to  any  matter  pertaining  to  the  practice  in  such  court, 
nor  shall  any  exceptions  to  the  rulings  and  decisions  of  the 
municipal  court  upon  the  trial  be  necessary  to  the  right  of 
either  party  to  a  review  of  such  rulings  and  decisions  in  the 
supreme  court  or  appellate  court  upon  their  merits,  but  it  shall 
be  the  duty  of  the  supreme  court  or  the  appellate  court,  as 
the  case  may  be,  to  decide  such  case  upon  its  merits  as 
they  may  appear  from  such  statement  or  stenographic  report 
signed  by  the  judge:  Provided,  however,  that  the  supreme 
court  or  appellate  court,  as  the  case  may  be,  may  grant  relief 
from  any  error  of  the  municipal  court  in  respect  to  a  matter 
of  practice  therein  in  any  ease  where,  in  the  opinion  of  the 
supreme  court  or  the  appellate  court,  such  relief  is  necessary 
to  prevent  a  failure  of  justice. 

(Section  23.) 

Section  73.  Authenticated  copies  of  records  of  judgments,  or- 
ders and  decrees  appealed  from,  shall  be  filed  in  the  office  of  the 
clerk  of  the  supreme  court,  or  of  the  appellate  court,  as  the 
case  may  be,  on  or  before  the  second  day  of  the  succeeding  term 
of  said  courts:  Provided,  twenty  days  shall  have  intervened  be- 
tween the  day  on  which  the  judgment,  order  or  decree  appealed 
from  shall  have  been  entered  and  the  sitting  cf  the  court  to 
which  the  appeal  shall  be  taken;  but  if  ten  (10)  days  and  not 
twenty  (20)  days  shall  have  intervened  as  aforesaid,  then  the 
record  shall  be  filed  as  aforesaid  on  or  before  the  tenth  (10th) 
day  of  said  succeeding  term,  otherwise  the  said  appeal  shall 
be  dismissed  unless  further  time  to  file  the  same  shall  have 
been  granted  by  the  court  to  which  said  appeal  shall  have  been 
taken  upon  good  cause  shown. 

(Section  21.) 

Section  74.  When  appeals  from  judgments,  orders  or  decrees 
for  the  recovery  of  money  are  dismissed  by  the  supreme  court 
or  appellate  court  for  want  of  prosecution,  or  for  failing  to  file 
authenticated  copies  of  records,  as  required  by  law,  the  court 
shall  enter  judgments  against  the  appellants  for  not  less  than 
five  (5)  nor  more  than  ten  (10)  per  cent,  damages  on  the 
amount  recovered  in  the  municipal  court  for  the  collection  of 


138  PRACTICE   IN   THE   MUNICIPAL   COITRT. 

which  the  appellee  shall  be  entitled  to  execution  as  on  other 
judgments. 

Section  75,  The  parties  in  any  suit  or  proceeding  at  law  or  in 
chancery  in  the  municipal  court  may  make  an  agreed  case  con- 
taining the  points  of  law  at  issue  between  them,  and  file  the 
same  in  such  court;  and  the  said  agreed  case,  with  the  decision 
thereon,  may  be  certified  to  the  appellate  court  or  supreme  court 
by  the  clerk  of  such  court,  without  certifying  any  fuller  record 
in  the  case;  and  upon  such  agreed  case  being  so  certified  and 
filed  in  the  appellate  court  or  supreme  court,  the  appellant  or 
plaintiff  in  error  may  assign  errors,  and  the  case  shall  then  be 
proceeded  with  in  the  same  manner  as  it  might  have  been  had 
a  full  record  been  certified  to  said  appellate  court  or  supreme 
court. 

Section  76.  Any  judge  of  the  municipal  court  may,  if  the 
parties  litigant  assent  thereto,  certify  any  question  or  questions 
of  law  arising  in  any  case  tried  and  finally  determined  before 
him  to  the  appellate  or  supreme  court,  together  with  his  deci- 
sion thereon ;  or  the  parties  in  the  case  may  agree  as  to  the  ques- 
tions or  points  of  law  arising  in  the  case,  and  the  same  may  be 
certified  by  the  counsel  or  attorneys  of  the  respective  parties, 
who  shall  sign  their  names  thereto;  and  upon  such  certificate 
being  made,  the  same  shall  be  filed  in  the  municipal  court,  and  a 
copy  of  such  certificate  certified  by  the  clerk  of  said  court, 
with  the  decision  thereon  and  final  decision  in  the  case,  to  the 
appellate  court  or  supreme  court  and  filed  therein;  and  upon 
filing  the  same,  the  like  proceedings  may  be  had  in  the  appel- 
late court  or  supreme  court,  as  if  a  full  and  complete  record 
had  been  transcribed  and  certified  to  said  court. 

Section  77.  The  two  preceding  sections  shall  not  apply  to 
cases  in  which  the  title  to  real  estate  is  in  question,  nor  to  cases 
where  any  question  of  faet  appertaining  to  the  constitutional 
enactments  of  a  law  of  this  State  is  involved. 

Section  78.  No  writ  of  error  shall  operate  as  a  supersedeas 
unless  the  supreme  court  or  the  appellate  court,  as  the  case  may 
be,  or  some  judge  thereof  in  vacation,  after  inspecting  a  copy 
of  the  record,  shall  order  the  same  to  be  made  a  supersedeas, 


PRACTICE  ACT   REWRITTEN.  139 

nor  until  the  party  procuring  such  writ  shall  file  a  bon'd  in 
the  manner  and  with  the  conditions  required  in  case  of  appeal, 
Avhen  the  clerk  issuing  such  writ  shall  endorse  thereon  that  it 
shall  be  a  supersedeas  and  operate  accordingly;  and  the  par- 
ties in  writs  of  errors  shall  be  subject  to  the  same  judgment 
;md  mode  of  execution  as  is  provided  in  case  of  appeal. 

Section  79.  In  all  cases  of  appeal  to  the  supreme  court  or 
appellate  court,  or  writ  of  error,  the  appellee  or  defendant  in 
error  may  assign  cross  errors;  and  the  court  shall  dispose  of 
the  same  as  in  other  cases  of  assignment  of  error. 

Section  80.  No  judgment,  order  or  decree  shall  be  reversed 
by  the  supreme  court  or  appellate  court  upon  appeal  or  writ  of 
error  for  want  of  a  joinder  in  error;  but  upon  error  being 
assigned,  if  the  opposite  party  do  not  plead  in  proper  time,  the 
case  shall  be  treated  as  if  error  had  been  joined. 

Section  81.  In  all  cases  of  appeal  and  writ  of  error,  the  su- 
preme court  or  appellate  court  may  give  final  judgment  and 
issue  execution,  or  remand  the  cause  to  the  inferior  court  in 
order  that  an  execution  may  be  there  issued,  or  that  other  pro- 
ceedings may  be  had  thereon.  Any  judgment  rendered  in  the 
supreme  court  or  appellate  court  shall  become  a  lien  on  real 
estate  after  execution  shall  be  issued  and  levied,  and  a  certifi- 
cate thereof  filed  in  the  office  of  the  circuit  clerk  of  the  county 
where  the  real  estate  levied  on  is  situated. 

Section  82.  The  supreme  court  or  appellate  court,  in  case  of 
a  partial  reversal,  shall  give  such  judgment  or  decree  as  the  in- 
ferior court  ought  to  have  given,  and  for  this  purpose  may  al- 
low the  entry  of  a  remittitur  either  in  term  time  or  in  vacation 
or  remand  the  cause  to  the  municipal  court  for  further  proceed- 
ings, as  the  case  may  require. 

Section  83.  When  an  appeal  or  writ  of  error  shall  be  prose- 
cuted from  a  judgment,  order  or  decree  of  the  municipal  court 
to  the  supreme  court  or  appellate  court,  and  such  appeal  or 
writ  of  error  is  dismissed,  or  the  judgment,  order  or  decree  is 
affirmed,  upon  a  copy  of  the  order  of  the  supreme  court  or 
appellate  court,  as  the  case  may  be,  being  filed  in  the  office  of 
the  clerk  of  the  municipal  court,  execution  may  issue  and  other 


140  PRACTICE   IN    THE    MUNICIPAL    COURT. 

proceedings  may  be  had  thereon  in  all  respects  as  if  no  appeal 
or  writ  of  error  had  been  prosecuted. 

Section  84.  When  any  cause  or  proceeding,  either  at  law  or 
in  chancery,  is  remanded  by  the  supreme  court  or  appellate 
court,  as  the  case  may  be,  for  a  new  trial  or  hearing  by  the  mu- 
nicipal court,  the  supreme  court  or  appellate  court,  as  the  case 
may  be,  shall  issue  its  mandate  reversing  and  remanding  such 
cause  directly  to  the  municipal  court ;  and  upon  a  transcript  of 
the  order  of  the  supreme  court  or  appellate  court,  as  the  case 
may  be,  remanding  the  same,  being  filed  in  the  municipal  court, 
and  not  less  than  ten  days'  notice  thereof  being  given  to  the  ad- 
verse party  or  his  attorney,  the  cause  or  proceeding  shall  be  re- 
instated therein.  In  case  of  non-resident  parties  or  parties  who 
cannot  be  found,  so  that  personal  notice  cannot  be  served  upon 
them,  the  notice  may  be  given  as  in  cases  in  chancery  or  as  may 
be  directed  by  the  court.  In  case  of  reversal  and  remandment 
by  the  supreme  court  of  any  cause  removed  thereto  from  the 
appellate  court,  upon  the  filing  in  such  appellate  court  of  a  cer- 
tificate of  such  reversal  and  remandment,  the  clerk  of  the  ap- 
pellate court  shall  have  the  right  to  issue  a  fee  bill  for  all  such 
costs  as  accrued  in  said  appellate  court  and  did  not  abide  the 
final  action  in  the  supreme  court. 

Section  85.  If  neither  party  shall  file  such  transcript  with- 
in two  years  from  the  time  of  making  the  final  order  of  the  su- 
preme court  or  appellate  court,  as  the  case  may  be,  reversinir 
any  judgment  or  proceeding,  the  cause  shall  be  considered  as 
abandoned,  and  no  further  action  shall  be  had  therein. 

Section  86.  A  writ  of  error  in  any  case  of  the  first  class 
or  second  class  or  third  class  shall  not  be  brought  after  the  ex- 
piration of  five  years  from  the  rendition  of  the  decree  or  judg- 
ment complained  of;  but  when  a  person  thinking  himself  ag- 
grieved by  any  decree  or  judgment  that  may  be  reversed  in 
the  supreme  court  or  the  appellate  court,  shall  be  an  infant, 
non  compos  mentis,  or  under  duress,  when  the  same  was  en- 
tered, the  time  of  such  disability  shall  be  excluded  from  the 
computation  of  the  said  five  years.  In  a  case  of  the  fourth  class 
or  of  the  fifth  class,  the  time  within  which  the  writ  of  error 


PRACTICE  ACT  REWRITTEN.  141 

may  be  sued  out  shall  be  limited  to  thirty  days  after  the  entry 
of  the  final  order  or  judgment  complained  of. 

(Section  23.) 

Section  87.  When  any  plaintiff  in  error  shall  file  in  the 
office  of  the  clerk  of  the  supreme  court  or  appellate  court,  as 
the  case  may  be,  an  affidavit  showing  that  any  defendant  resides, 
or  has  gone  out  of  this  State,  or  on  due  inquiry,  cannot  be 
found,  or  is  concealed  within  this  State,  so  that  process  cannot 
be  served  upon  him,  and  stating  the  place  of  residence  of  such 
defendant,  if  known,  and  also  the  place  of  residence  of  the  at- 
t-orney  who  appeared  in  the  case  in  the  municipal  court;  or 
that,  upon  diligent  inquiry,  their  places  of  residence  cannot  be 
ascertained,  the  clerk  of  the  supreme  court  or  appellate  court, 
as  the  case  may  be,  wherein  the  cause  shall  be  pending,  shall 
cause  publication  to  be  made  in  some  newspaper  published  in 
Cook  county,  containing  notice  of  the  pendency  of  such  suit, 
the  names  of  the  parties  thereto,  the  title  of  the  court  and  the 
time  and  place  of  the  return  of  the  summons  in  the  case;  and 
he  shall  also,  within  ten  (10)  days  of  the  first  publication  of 
such  notice,  send  a  copy  thereof  by  mail,  addressed  to  such  de- 
fendant and  the  attorney  whose  place  of  residence  are  stated  in 
such  affidavit.  The  certificate  of  the  clerk,  that  he  has  sent 
such  notice  in  pursuance  of  this  section,  shall  be  evidence.  Such 
notice  shall  be  published  for  four  consecutive  weeks,  the  first 
insertion  of  such  notice  shall  be  at  least  forty  days  before  the 
first  day  of  the  term  of  court  to  which  said  writ  is  made  re- 
turnable; and  unless  said  time  has  intervened,  no  proceedings 
therein  shall  be  had  at  said  term,  but  the  said  cause  shall  stand 
continued  to  the  next  term  of  the  court:  Provided,  that  in  case 
both  parties  appear  and  consent  to  the  hearing,  the  said  cause 
shall  then  be  heard. 

Section  88.  If  any  final  determination  of  any  cause,  as  speci- 
fied in  the  preceding  sections,  shall  be  made  by  the  appellate 
court,  as  the  result  wholly  or  in  part  of  the  finding  of  the  facts 
concerning  the  matter  in  controversy,  different  from  the  finding 
of  the  municipal  court,  it  shall  be  the  duty  of  the  appellate 
court  to  recite  in  its  final  order,  judg-ment  or  decree  the  facts 
as  found,  and  the  judgment  of  the  appellate  court  shall  be  final 
and  conclusive  as  to  all  matters  of  fact  in  controversy  in  such 
cause. 


142  PRACTICE   IN    THE   MUNICIPAL   COURT. 

Section  89.  Appeals  from  and  writs  of  error  to  the  municipal 

t'ourt  in  all  criminal  cases,  below  the  grade  of  felony,  shall  be 
taken  directly  to  the  appellate  court,  and  in  all  criminal  cases, 
above  the  grade  of  misdemeanors,  and  cases  in  which  a  franchise 
or  freehold,  or  the  validity  of  a  statute,  or  construction  of  the 
constitution  is  involved ;  and  in  all  cases  of  the  first  class  or  of, 
the  second  class,  relating  to  revenue,  or  cases  in  which»  the 
State  is  interested  as  a  party  or  otherwise,  shall  be  taken  direct- 
ly to  the  supreme  court.  In  all  cases  of  writs  of  error  and 
appeals,  prosecuted  or  taken  from  any  decision  of  the  ap})ellate 
court  to  the  supreme  court,  it  shall  not  be  necessary  for  the  clerk 
of  the  appellate  court,  in  which  said  cause  was  heard  and  de- 
termined, to  make  out  and  certify  a  copy  of  the  original  tran- 
script of  the  record,  filed  in  said  appellate  court,  but  it  shall  be 
sufficient  for,  and  it  is  hereby  made  the  duty  of,  the  clerk  of 
said  appellate  court,  to  transmit  the  original  transcript  of  the 
record  filed  in  his  office,  with  his  official  certificate  and  seal  of 
office,  authenticating  the  same,  with  a  true  and  perfect  copy  of 
all  the  orders  and  proceedings  appearing  of  record  in  said 
cause;  which  said  copy  of  the  record  and  proceedings  duly  au- 
thenticated with  the  seal  of  said  court,  shall  be  transmitted  to 
and  filed  in  the  supreme  court,  and  the  clerk  of  the  appellate 
court,  shall  be  entitled  to  receive  from  the  party  procuring  said 
record  and  transcript,  the  fees  allowed  by  law,  for  his  certificate 
and  copy  of  the  proceedings  had  in  the  appellat<»  court,  and  he 
shall  not  be  entitled  to  charge  or  receive  any  fee  for  copying  or 
transmitting  said  original  transcript,  other  than  for  his  certifi- 
cate, and  the  reasonable  cost  of  sending  said  transcript  and 
record  from  his  office,  either  by  mail  or  by  express  to  the  clerk 
of  the  supreme  court. 

(Sections  22  and  23.) 

Section  90.  The  supreme  court  shall  re-examine  cases 
brought  to  it  by  appeal  or  writ  of  error  as  to  qnestioiis  of  law 
only,  and  no  assignment  of  error  shall  be  allowed  whieli  shall 
call  in  question  the  determination  of  the  municipal  court  or 
appellate  courts  upon  controverted  questions  of  fact  in  any  case, 
excepting  those  cnumenUtHl  in  the  preceding  section. 

Section  91.  In  all  criminal  cases  and  in  all  cases  where  a 
franchise  or  freehold,  or  the  validity  of  a  statute  is  involved^ 


PKACTICE  ACT  REWRITTEN,  143 

and  in  all  other  cases  where  the  sum  or  value  in  the  controversy 
shall  exceed  one  thousand  dollars  ($1,000),  exclusive  of  costs, 
which  shall  be  heard  in  any  of  the  appellate  courts  upon  errors 
assigned,  if  the  judgment  of  the  appellate  court  be  that  the 
order,  judgment  or  decree  of  the  municipal  court  be  affirmed, 
or  if  final  judgment  or  decree  be  rendered  therein  in  the  appel- 
late court,  or  if  the  judgment,  order  or  decree  of  the  appellate 
court  be  such  that  no  further  proceedings  can  be  had  in  the 
municipal  court,  except  to  carry  into  effect  the  mandate  of  the 
appellate  court,  any  party  to  such  cause  shall  be  permitted  to 
remove  the  same  to  the  supreme  court  by  appeal  or  writ  of 
error  in  the  same  manner  as  provided  in  sections  68  and  71  of 
this  act  for  appeals  to  said  appellate  court:  Provided,  that. such 
appeal  may  be  prayed  for  at  any  time  within  twenty  days  after 
the  rendition  of  such  judgment,  order  or  decree,  whether  such 
appellate  court  be  in  session  or  not;  and  if  such  appeal  be 
prayed  for  in  vacation,  any  one  or  more  of  the  judges  of  such 
appellate  court  may  make  and  sign  all  orders  necessary  for  the 
perfecting  of  such  appeal,  and  the  clerk  shall  enter  up  such 
orders  as  part  of  the  record  in  the  cause :  And,  provided,  fur- 
ther, that  in  all  cases  where  the  judgment,  order  or  decree  is 
for  the  recovery  of  money  only,  if  the  judgment,  order  or 
decree  of  the  municipal  court  or  appellate  court  be  affirmed  by 
the  supreme  coui-t,  or  the  appeal  or  writ  of  error  be  dismissed, 
the  supreme  court  may  enter  judgment  against  the  appellant  or 
plaintiff  in  error  for  damages,  not  exceeding  ten  (10)  per 
centum  on  the  amount  of  the  judgment  recovered,  and  shall 
award  execution  therefor  as  on  other  judgments. 

Section  92.  Any  money  judgment  rendered  by  the  municipal 
court,  when  no  execution  issued  thereon  is  outstanding,  may  be 
satisfied  by  the  payment  by  the  party  against  whom  the  same 
has  been  rendered  of  the  amount  thereof  to  the  clerk  of  said 
court,  who,  upon  payment  being  made,  shall  enter  satisfaction 
thereof  and  shall,  upon  demand,  pay  over  the  money  received 
by  him  to  the  person  appearing  of  record  to  be  entitled  thereto. 

(Section  53.) 

Section  93.  The  municipal  court  shall  take  judicial  notice 
of  all  matters  of  which  courts  of  general  jurisdiction  of  this 


144  PRACTICE    IN   THE   MUNICIPAL   COURT. 

state  are  required  to  take  judicial  notice,  and  also  of  the  fol- 
lowing: 

1.  All  general  ordinances  of  the  city  of  Chicago  and  all  gen- 
eral ordinances  of  every  municipal  corporation  situated  in 
whole  or  in  part  within  the  limits  of  the  city  of  Chicago. 

2.  All  laws  of  a  public  nature  enacted  by  any  state  or  terri- 
tory of  the  United  States. 

(Section  54.) 

Section  94.  If  the  method  of  procedure  in  any  case  within 
the  jurisdiction  of  the  municipal  court  is  not  sufficiently  pre- 
scribed by  this  act,  or  by  any  rule  of  court  adopted  in  pursuance 
hereof,  the  branch  court  in  which  the  same  is  brought  or  pro- 
posed to  be  brought,  may  make  such  provision  for  the  conduct- 
ing and  disposing  of  the  same  as  may  appear  to  the  court  proper 
for  the  just  determination  of  the  rights  of  the  parties. 

(Section  51.) 

Section  95.  It  shall  be  the  duty  of  the  chief  justice  of  the 
municipal  court  to  superintend  the  keeping  of  the  records  of 
said  court  and  to  prescribe  abbreviated  forms  of  entries  of 
orders  therein,  which  abbreviated  forms  so  prescribed  shall  have 
the  same  force  and  effect  as  if  said  orders  were  entered  in  full 
in  the  records  of  said  court.  When  any  certified  transcript  of 
the  record,  or  of  any  portion  thereof,  of  any  suit  or  proceeding 
in  said  court  is  required,  the  same  shall  be  written  out  in  full 
from  such  abbreviated  forms  and  duly  authenticated  according 

to  law. 

(Section  62.) 

The  above  sections  correspond  with  those  of  Kurd's  R.  S.  of 
1905,  chapter  110,  with  the  following  exceptions: 

First — Section  11  is  omitted  as  inapplicable  because  the 
municipal  court  has  no  direct  jurisdiction  in  mandamus  or  quo 
warranto. 

Second — Sections  15  and  16  are  omitted  because  the  pro- 
visions therein  are  wholly  abrogated  by  the  Mimicipal  Court 
Act,  the  practice  in  the  municipal  court  being  fully  expressed 
in  the  subsequent  section  17. 

Third — Sections  18a,  18b,  18c,  and  18d  are  not  found  in  the 
practice  act,  but  are  special  provisions  of  the  Municipal  Court 


PRACTICE   ACT  REWRITTEN.  145 

Act  pertaining  to  cases  of  the  fourth  and  fifth  classes.  (See 
sections  40-43  of  the  Municipal  Court  Act.) 

Fourth — Sections  48a,  48b,  48c,  48d  and  48e  are  not  found 
in  the  practice  act,  but  are  special  provisions  of  the  Municipal 
Court  Act  pertaining  to  cases  of  the  fourth  and  fifth  classes. 
(See  sections  47,  32,  33,  34  and  35  of  the  Municipal  Court  Act.) 

Fifth — Sections  63a  and  63b  are  not  found  in  the  practice 
act,  but  are  special  provisions  of  the  Municipal  Court  Act,  (See 
sections  38  and  22  of  the  Municipal  Court  Act.) 

Sixth — Section  72a  is  not  found  in  the  practice  act  but  is  a 
special  provision  of  the  Municipal  Court  Act  regulating  appel- 
late proceedings  in  cases  of  the  fourth  and  fifth  classes.  (See 
section  23  of  the  Municipal  Court  Act.) 

Seventh — Section  92  of  the  practice  act  is  omitted  and  sec- 
tions 92,  93,  94  and  95,  as  above  given,  are  special  provisions 
of  the  Municipal  Court  Act.     (See  sections  53,  54,  51  and  62.) 


10 


CHAPTER  V. 

ATTACHMENT  CASES. 

The  method  of  procedure  in  attachment  cases  of  the  first  class 
and  of  the  fourth  and  fifth  classes  has  already  been  indicated  in 
a  general  way  in  preceding  chapters.  (See  Chapter  I  and  Chap- 
ter III,  Part  II.)  In  this  chapter  it  is  intended  to  present  first, 
a  few  general  statements  as  to  the  procedure  in  those  cases,  and 
second,  as  an  aid  to  the  judges  and  to  practitioners,  to  present 
the  general  attachment  act  (Kurd's  R.  S.  of  1905,  chapter  11, 
})p.  176-183),  as  modified  by  the  Municipal  Court  Act. 

Attachment  cases  of  the  first  class  are  those  in  which  the 
amount  claimed  by  the  plaintiff  exceeds  one  thousand  dollars 
($1,000).  In  general  the  practice  in  such  cases  differs  from 
that  in  the  circuit  court  in  the  following  particulars: 

First — The  writ  is  directed  to  the  bailiff  and  is  returnable 
upon  some  Monday  at  least  ten  days  and  not  more  than  thirty 
days  after  the  date  thereof.     (See  section  28.) 

Second — The  writ  is  to  be  served  upon  an  individual  defend- 
ant by  delivering  him  a  copy  and  informing  him  of  its  contents. 
(Section  28.) 

Third — A  suit  in  attachment  can  only  be  maintained  against 
an  individual  who  is  either  a  resident  of  or  is  found  in  the  city 
of  Chicago,  or  who  is  a  non-resident  of  the  state,  having  prop- 
erty within  the  city  of  Chicago.     (Section  28.) 

Fourth — "When  notice  is  given  by  publication  the  notice,  in 
lieu  of  stating  the  time  of  the  return  of  the  writ,  must  state  the 
date  on  or  before  which  the  defendant  is  required  to  appear, 
which  date  is  to  be  some  Monday  not  less  than  forty  nor  more 
than  sixty  days  after  the  date  of  the  first  publication  of  notice, 
as  the  plaintiff  may  require.     (Section  28.) 

Attachment  cases  of  the  fourth  and  fifth  classes  are  those 
attachment  cases  in  which  the  amount  of  money  sought  to  be 
recovered  does  not  exceed  one  thousand  dollars  ($1,000),  (See 
paragraphs  fourth  and  fifth  of  section  2.)  A  case  of  this 
character  must  be  brought  and  prosecuted  in  the  district  in 

146 


ATTACHMENTS.  147 

which  the  defendant  resides  or  is  found,  excepting  in  the  fol- 
lowing cases : 

First — If  there  be  more  than  one  defendant  suit  is  to  be 
brought  in  the  district  in  which  either  defendant  resides  or  is 
found  and  process  may  be  served  upon  the  remaining  defend- 
ant or  defendants  at  any  place  within  the  city  of  Chicago. 
(Section  29.) 

Second — If  the  defendant  be  a  corporation  having  its  princi- 
pal office  in  the  city  of  Chicago,  suit  must  be  brought  in  the 
district  in  which  its  principal  office  is  located.     (Section  29.) 

Third — If  the  defendant  be  a  corporation  not  having  a  prin- 
cipal office  in  the  city  of  Chicago,  suit  may  be  brought  in  any 
district  within  which  service  of  process  may  be  had  upon  any 
officer,  agent  or  employe  of  such  corporation  upon  whom  service 
of  process  might  be  had,  if  issued  in  a  suit  commenced  in  the 
circuit  court.  (See  section  29.)  The  officers,  agents  or  employes 
of  such  corporation  upon  whom  service  of  process  may  be  had 
in  such  a  case  are  specified  in  section  4  of  the  a^'t  entitled  "An 
Act  in  regard  to  practice  in  courts  of  record, ' '  approved  Febru- 
ary 22,  1872,  and  in  force  July  1,  1872j  as  amended  by  the  a^t 
entitled  "An  Act  to  amend  sections  2  and  4  of  an  act  entitled 
'An  Act  in  regard  to  practice  in  courts  of  record,'  approved 
February  22,  1872,"  approved  May  29,  1877,  and  in  force  July 
1,  1877,  the  provisions  of  which  constitute  paragraph  5,  p.  1531, 
Hurd's  R.  S.  of  1905. 

Fourth — If  the  defendant  be  a  non-resident  of  the  State, 
suit  may  be  brought  in  any  district  when  any  property  of  the 
defendant  is  levied  upon  Avithin  such  district  or  any  garnishee 
resides  or  is  found  in  such  district.     (Section  29.) 

The  practice  and  mode  of  procedure,  other  than  that  above 
specified,  in  cases  of  the  fourth  and  fifth  classes,  is  regulated  by 
section  48  by  which  it  is  declared  that  the  practice  and  proceed- 
ings in  such  eases,  other  than  the  mode  of  trial  and  the  proceed- 
ings subsequent  to  the  trial,  shall  be  the  same,  as  near  as  may 
be,  as  that  which  is  now  prescribed  by  law  for  similar  eases  in 
courts  of  record  with  the  following  exceptions: 

First — There  are  to  be  no  written  pleadings  other  than  the 
affidavit  in  attachment. 

Second — The  writs  are  to  be  made  returnable  in  like  manner 
as  the  summons  in  other  cases  of  the  fourth  and  fifth  classes. 


148  PRACTICE    IN    THE    MUNICIPAL    COURT. 

Third — The  plaintiff  at  the  time  of  the  coimnencement  of  the 
suit  must  file  a  bill  of  particulars. 

Fourth — The  mode  of  trial  and  all  proceedings  subsequent 
to  the  trial  are  to  be  the  same,  as  near  as  may  be,  as  in  other 
eases  of  the  fourth  and  fifth  classes. 

The  practice  and  proceedings  in  attachment  cases  in  courts 
of  record  are  regiTlated  by  the  act  entitled  "An  Act  in  regard 
to  attachments  in  courts  of  record,"  approved  February  23, 
1871,  R.  S.  of  1874,  p.  152,  and  in  force  July  1,  187-2,  as 
amended  by  the  act  entitled  "An  Act  to  amend  section  31  of  an 
act  entitled  'An  Act  in  regard  to  attachments  in  courts  of  rec- 
ord,' approved  December  23,  1871,  and  in  force  July  1,  1872," 
approved  June  19,  1893,  and  in  force  July  1,  1893,  (Laws  of 
1893,  p.  74),  and  also  the  act  entitled  "An  Act  to  permit  the 
sale  of  live  stock  levied  upon  in  attachment  suits,"  approved 
May  22,  1895,  and  in  force  July  1,  1895,  (Laws  of  1895,  p.  79), 
the  provisions  of  which  acts,  so  far  as  they  are  now  in  force, 
are  given  in  full  in  chapter  11  of  Hurd's  R.  S.  of  1905,  pp.  176- 
183. 

Absolute  and  perfect  conformity  by  the  municipal  court  in 
attachment  cases  of  the  fourth  and  fifth  classes  with  the  rules 
of  practice  prescribed  by  these  last  mentioned  three  acts  is 
impossible  because  of  various  circumstances,  such,  for  instance, 
as  the  fact  that  there  are  to  be  no  stated  terms  of  the  municipal 
court,  and  that  it  is  the  legislative  intent  that  the  court  shall 
not  exercise  jurisdiction  over  defendants  who  are  residents  of 
the  state  outside  of  the  city  of  Chicago.  Hence  the  act  (section 
48)  only  requires  conformity  "as  near  as  may  be"  and  it  makes 
the  municipal  court  the  sole  judge  of  the  applicability  to  its  pro- 
ceedings of  the  rules  of  practice  prescribed  by  law  for  similar 
cases  in  the  circuit  courts  (section  19),  leaving  it,  furthermore, 
for  the  court  to  make  suitable  provisions  for  the  just  determina- 
tion of  the  rights  of  the  parties,  in  cases  where  the  method  of 
procedure  is  not  sufficiently  prescribed.     (Section  51.) 

The  practice  in  attachment  cases  will,  therefore,  be  correctly 
expressed  by  omitting  sections  24  and  25  from  said  last  men- 
tioned three  acts,  and  by  changing  the  remaining  sections 
thereof  so  that  they  will  read  as  follows : 

Section  1.  In  the  municipal  court  of  Chicago  a  creditor  may 
have  an  attachment  against  the  property  of  his  debtor,  or  that 


ATTACHMENTS,  149 

of  any  one  or  more  of  several  debtore,  when  the  indebtedness 
exceeds  $20  in  any  one  of  the  following  cases: 

First — Where  the  debtor  is  not  a  resident  of  this  State. 

Secmid — When  the  debtor  conceals  himself  or  stands  in  defi- 
ance of  an  officer,  so  that  process  cannot  be  served  upon  him. 

Third — Where  the  debtor  has  departed  from  this  state  with 
the  intention  of  having  his  effects  removed  from  this  state. 

Fourth — Where  the  debtor  is  about  to  depart  from  this  state 
with  the  intention  of  having  his  effects  removed  from  this  state. 

Fifth — Where  the  debtor  is  about  to  remove  his  property 
from  this  state  to  the  injury  of  such  creditor. 

Sixth — Where  the  debtor  has,  within  two  years  preceding  the 
filing  of  the  affidavit  required,  fraudulently  conveyed  or 
assigned  his  effects,  or  a  part  thereof,  so  as  to  hinder  or  delay 
his  creditors. 

Seventh — Where  the  debtor  has,  within  two  years  prior  to 
the  filing  of  such  affidavit,  fraudulently  concealed  or  disposed 
of  his  property  so  as  to  hinder  or  delay  his  creditors. 

Eighth — Where  the  debtor  is  about  to  fraudulently  conceal, 
assign  or  otherwise  dispose  of  his  property  or  effects,  so  as  to 
hinder  or  delay  his  creditors. 

Ninth. — Where  the  debt  sued  for  was  fraudulently  contracted 
on  the  part  of  the  debtor:  Provided,  the  statements  of  the 
debtor,  his  agent  or  attorney,  which  constitute  the  fraud,  shall 
have  been  reduced  to  writing,  and  his  signature  attached  thereto, 
by  himself,  agent  or  attorney. 

Section  2.  To  entitle  a  creditor  to  such  writ  of  attachment, 
he  or  his  agent  or  attorney  shall  make  and  file  with  the  clerk 
of  such  court,  an  affidavit  setting  forth  the  nature  and  amount 
of  his  indebtedness,  after  allowing  all  just  credits  and  set-offs, 
and  any  one  or  more  of  the  causes  mentioned  in  the  preceding 
section,  and  also  stating  the  place  of  residence  of  the  defendants, 
if  known,  and  if  not  known,  that  upon  diligent  inqiiiry  the 
affiant  has  not  been  able  to  ascertain  the  same. 

Section  3.  It  shall  be  sufficient,  in  all  cases  of  attachment, 
to  designate  defendants  by  their  reputed  names,  by  surnames, 
and  joint  defendants  by  their  separate  or  partnership  names, 
or  by  such  names,  styles  or  titles  as  they  are  usually  known; 
and  heirs,  executors  and  administrators  of  deceased  defendants 


150  PRACTICE    IN    THE    MUNICIPAL    COURT. 

shall  be  subject  to  the  provisions  of  this  net,  in  all  cases  in 
which  it  may  be  applicable  to  them. 

Section  4.  Before  granting  an  attachment,  as  aforesaid,  the 
clerk  shall  take  bond  and  sufficient  security,  payable  to  the 
defendant  against  whom  the  writ  is  to  be  issued,  in  double  the 
sum  SAvorn  to  be  due,  conditioned  for  satisfying  all  costs  which 
may  be  awarded  to  such  defendant,  or  to  any  others  interested 
in  said  proceeding,  and  all  damages  and  costs  which  shall  be 
recovered  against  the  plaintiff,  for  wrongfully  suing  out  sucli 
attachment — ^w^hich  bond,  with  affidavit  of  the  party  complain- 
ing, or  his  agent  or  attorney,  shall  be  filed  in  the  office  of  the 
clerk  gi'anting  the  attachment.  P^very  attachment  issued  with- 
out a  bond  and  affidavit  taken,  is  hereby  declared  illegal  and 
void,  and  shall  be  dismissed. 

Section  5.  The  condition  of  the  bond  required  in  the  pre- 
ceding section  shall  be  substantially  in  the  following  form: 

The  condition  of  this  obligation   is  such,  that  whereas  the 

above  bounden hath,   on   the   day    of  the   date 

hereof,  prayed  an  attachment  out  of  the  municipal  court  of 

Chicago  in  and  for  the district,  at  the  suit  of 

against  the  estate  of  the  above  named     .... 

for  the  sum  of ,  and  the  same  being  about  to  be 

sued  out  of  said  court,  returnable  at  ten  o'clock  a.  m.,  on  the 

.     .     .     day  of ,  A.  D.,  19     .     .    (or,  if  the  case 

be  one  of  the  first  class,  on  Monday  the     ....     day   of 

A.  D.,  19     .     .)     Now,  if  the  said 

shall  prosecute  his  suit  with  effect,  or  in  case  of  failure  therein 

shall  well  and  truly  pay  and  satisfy  the  said all 

such  costs  in  said  suit,  and  such  damages  as  shall  be  awarded 
against  the  said ,  his  heirs,  executors  or  admin- 
istrators, in  any  suit  or  suits  which  may  hereafter  be  brought 
for  wrongfully  suing  out  the  said  attachment,  then  the  above 
obligation  to  be  void;  otherwise  to  remain  in  full  force  and 
effect. 

Section  6.  The  writ  of  attachment  required  in  the  preceding 
section  shall  be  directed  to  the  bailiff',  or  in  case  he  is  interested, 
or  otherwise  disqualified  or  prevented  from  acting,  to  the  coro- 
ner of  Cook  county,  and  shall  be  substantially  in  the  following 
form: 


ATTACHMENTS.  151 

The  People  of  the  State  of  Illinois  to  the  bailiff  of  the  Munici- 
pal Court  of  Chicago — Greeting: 

Whereas,  A  B  (or  agent  or  attorney  of  A  B,  as  the  case  may 
be),  hath  complained  that  C  D  is  justly  indebted  to  the  said  A 
B  to  the  amount  of    ...     .     and  that  (here  state  the  cause 

set  out  in  the  afBdavit),   and  the  said having 

given  bond  and  security,  according  to  law:  We  therefore  com- 
mand you  that  you  attach  so  much  of  the  estate,  real  or  per- 
sonal, of  the  said  C  D  to  be  found  in  said  city  of  Chicago  as 
shall  be  of  value  sufficient  to  satisfy  the  said  debt  and  costs, 
according  to  the  complaint,  and  such  estate  so  attached  in  your 
hands  to  secure,  or  so  to  provide,  that  the  same  may  be  liable  to 
further  proceedings  thereupon,  according  to  law;  and  that  you 
summon  C  D  to  appear  and  answer  the  complaint  of  the  said 
A  B  before  the  Municipal  Court  of  Chicago  in  and  for  the 

District  at ,   being  a  place   in  said 

city  of  Chicago  provided  by  the  corporate  authorities  of  said 
city  of  Chicago  for  the  holding  of  said  court,  at  ten  o'clock  a. 

M.,  on  the      .     .     .    day  of ,  A.  D.,  19     .     . ;  (or, 

if  the  case  be  one  of  the  first  class,  on  Monday,  the  .  .  . 
day  of A.  D.  19  .  .)  ;  and  that  you  also  sum- 
mon      and   such   other   persons   as   you   shall   be 

required  by  the  said  A  B,  as  garnishees,  to  be  and  appear  before 
the  said  Municipal  Court  of  Chicago  in  and  for  the  .... 
district  at  ...  .  aforesaid,  at  ten  o'clock  a.  m.,  on 
said  .  .  .  day  of  .  .  .  A,  D.  190..,  (or  if  the  case  be  one 
of  the  first  class,  on  said  Monday,  the  .  .  .  day  of  .  .  . 
A.  D. . .)  then  and  there  to  answer  to  what  may  be  objected 
against  them.  When  and  where  you  shall  make  known  to  the 
said  court  how  you  have  executed  this  writ,  and  have  you  then 
and  there  this  writ. 

Witness  ,  Clerk  of  said  Municipal  Court 

of  Chicago,  this day  of A.  D.  19 .  . 

Which  attachment  shall  be  signed  by  the  clerk  and  the  seal 
of  the  court  affixed  thereto. 

Section  7.  In  all  cases  where  two  or  more  persons  are  jointly 
indebted,  either  as  partners  or  otherwise,  and  an  affidavit  shall 
be  filed  as  provided  in  the  firet  section  of  this  act,  so  as  to  bring 
one  or  more  of  such  joint  debtors  within  its  provisions,  and 


j.52  PRACTICE   IN    THE    MUNICIPAL   COURT. 

amenable  to  the  process  of  attachment,  then  the  writ  of  attach- 
ment shall  issue  against  the  property  and  effects  of  such  as  are 
so  brought  within  the  provisions  of  this  act;  and  the  officer 
shall  also  be  directed  in  said  writ  to  summon  all  joint  debtors 
named  in  the  affidavit  filed  in  the  case,  whether  the  attachment 
is  against  them  or  not,  to  answer  to  the  said  action,  as  in  other 
cases  of  joint  defendants. 

Section  8.  Such  officer  shall  without  delay  execute  such  writ 
of  attachment  upon  the  lands,  tenements,  goods,  chattels,  rights, 
credits,  moneys  and  effects  of  the  debtor,  or  upon  any  such 
lands  or  tenements  in  and  to  which  such  debtor  has  or  may 
claim  any  equitable  interest  or  title,  of  sufficient  value  to  satisfy 
the  claim  sworn  to,  with  costs  of  suit  as  commanded  in  such 
writ. 

Section  9.  When  a  writ  of  attachment  is  levied  upon  any 
real  estate,  in  any  case,  it  shall  be  the  duty  of  the  officer  mak- 
ing the  levy  to  file  a  certificate  of  such  fact  with  the  recorder 
of  the  county  where  such  land  is  situated;  and  from  and  after 
the  filing  of  the  same,  such  levy  shall  take  effect  as  to  creditors 
and  bona  fide  purchasers,  without  notice,  and  not  before. 

Section  10.  The  officer  shall  also  serve  said  writ  upon  the 
defendant  therein,  if  he  can  be  found,  by  reading  the  same  to 
him  and  by  delivering  to  him  a  copy  thereof  and  informing 
him  of  the  contents  thereof.  The  return  to  such  writ  shall  state 
the  particular  manner  in  which  the  same  was  served. 

Section  11.  If  the  defendant,  or  any  person  for  him,  shall 
be  in  the  act  of  removing  any  personal  property,  the  officer  may 
pursue  and  take  the  same  in  any  county  in  this  state,  and 
return  the  same  to  the  city  of  Chicago. 

Section  12.  If  it  shall  appear,  by  the  affidavit,  that  a  debtor 
is  actually  absconding,  or  concealed,  or  stands  in  defiance  of 
an  officer  duly  authorized  to  arrest  him  on  civil  process,  as 
aforesaid,  or  has  departed  this  state  with  the  intention  of  hav- 
ing his  effects  and  personal  estate  removed  out  of  the  state,  or 
intends  to  depart  with  such  intention,  it  shall  be  lawful  for  the 
clerk  to  issue,  and  the  bailiff  or  other  officer  to  serve,  an  attach- 
ment against  such  debtor,  on  a  Sunday  as  on  any  other  day. 


ATTACHMENTS.  153 

Section  13.     The  creditor  may,  at  the  same  time,  or  at  any 

time  before  judgment,  cause  an  attachment  writ  to  be  issued  to 

any  county  in  the  state  where  the  debtor  may  have  property 

liable  to  be  attached,  which  shall  be  levied  as  other  attachment 

writs:     Provided,  that  if  no  property,  rights  or  credits  of  the 

debtor  are  found  in  the  county  in  which  suit  is  brought  and  no 

defendant  is  served  with  surmnons  or  makes  appearance,  the 

creditor  shall  not  be  entitled  to  judgment. 

< 

Section  14.  The  officer  serving  the  writ  shall  take  and  re- 
tain the  custody  and  possession  of  the  property  attached,  to 
answer  and  abide  by  the  judgment  of  the  court,  unle^  the  per- 
son in  whose  possession  the  same  is  found  shall  enter  into  bond 
and  security  to  the  officer,  to  be  approved  by  him,  in  double  the 
value  of  the  property  so  attached,  with  condition  that  the  said 
estate  and  property  shall  be  forthcoming  to  answer  the  judg- 
ment of  the  court  in  said  suit.  The  bailiff  or  other  officer  shall 
return  such  bond  to  the  court  in  which  the  suit  is  brought,  on 
the  day  on  which  such  attachment  is  returnable. 

Section  15.  Any  defendant  in  attachment,  desiring  the  re- 
turn of  property  attached,  may  at  any  time  enter  into  a  recog- 
nizance with  security  in  a  sum  sufficient  to  cover  the  debt  and 
damages  sworn  to  in  behalf  of  the  plaintiff,  with  all  interest, 
damages  and  costs  of  suit,  conditioned  that  the  defendant  will 
pay  the  plaintiff  the  amount  of  the  judgment  and  costs  which 
may  be  rendered  against  him  in  that  suit,  on  a  final  trial,  within 
ninety  days  after  such  judgment  shall  be  rendered.  Such  re- 
cognizance shall  be  taken  in  open  court  and  entered  of  re-cord, 
the  security  to  be  approved  by  the  court,  and  upon  a  forfeiture 
of  such  recognizance  judgment  may  be  renderetl  and  execution 
issued  as  in  other  cases  of  recognizance.  Upon  the  taking  of 
such  recognizance  the  attachment  shall  be  dissolved,  and  the 
property  taken  re-stored,  and  all  previous  proceedings,  either 
against  the  bailiff  or  against  the  garnishees,  set  aside,  and  the 
caiLse  shall  proceed  as  if  the  defendant  had  been  seasonably 
served  with  a  writ  of  summons. 

Section  16.  If  the  bailiff  or  other  officer  shall  fail  to  return 
a  bond  taken  by  virtue  of  the  provisions  of  this  act,  or  shall 
have  neglected  to  take  one,  when  he  ought  to  have  done  so,  in 


154  PRACTICE    IN    THE    MUNICIPAL    COURT. 

any  attachment  issued  under  any  provisions  of  this  act,  the 
plaintifF  in  the  attachment  may  cause  a  rule  to  be  entered  at 
any  time  within  ten  days  of  the  time  at  which  the  writ  is  re- 
turnable requirinj^  the  said  bailiff  or  other  officer  to  return  the 
said  bond;  in  case  no  bond  has  been  taken,  to  show  cause  why 
such  bond  was  not  taken.  If  the  said  bailiff  or  other  officer 
shall  not  return  the  said  bond  within  one  day  thereafter,  or 
show  legal  and  sufficient  cause  why  the  said  bond  had  not  been 
taken,  judgment  shall  be  entered  up  against  him  for  the  amount 
of  the  plaintiff's  demand,  with  costs  of  suit.  Execution  may 
thereupon  issue  for  the  same  whenever  judgment  shall  have 
been  entered  against  the  defendant  in  the  attachment. 

Section  17.  The  plaintiff  may,  within  thirty  days  after  the 
return  of  such  bond,  except  to  the  sufficiency  thereof,  reason- 
able notice  of  such  exception  having  been  given  to  the  bailiff' 
or  other  officer,  who  took  the  same,  and  if,  upon  hearing,  the 
court  shall  adjudge  such  security  insufficient,  the  bailiff  or  other 
offiicer  shall  be  subject  to  the  same  judgment  and  recovery  and 
have  the  same  liberty  of  defence  as  if  he  had  been  made  de- 
fendant in  the  attachment,  unless  good  and  sufficient  security 
shall  be  given  within  such  time  as  may  be  directed  by  the  court, 
and  execution  may  issue  thereupon  as  in  other  cases  of  judg- 
ment. And  whenever  the  judgment  of  the  plaintiff,  or  any 
part  thereof,  shall  be  paid  or  satisfied  by  the  bailiff  or  other 
officer  he  shall  have  the  same  remedy  against  the  defendant  for 
the  amount  so  paid  by  him  as  is  now  provided  by  law  for  bail 
against  their  principal,  when  a  judgment  is  paid  or  satisfied  by 
them. 

Section  18.  If  the  plaintiff"  shall  not  except  to  the  bond 
taken  by  the  bailiff  or  other  officer  as  aforesaid,  or  the  excep- 
tions are  not  sustained,  and  such  bond  shall  be  forfeited  the 
plaintiff  in  the  attachment  may  bring  suit  thereon  in  his  own 
name,  the  same  as  if  such  bond  had  been  a.ssigned  to  him,  and 
judgment  shall  be  given  for  the  plaintiff'  against  the  obligore 
in  the  bond  for  the  value  of  the  property,  or  if  the  property 
is  greater  than  the  amount  due  upon  the  execution,  then  for  the 
amount  due  and  costs  of  suit. 

Section  19.  When  the  bailiff'  or  other  officer  shall  serve  an 
attachment  on  horses,  cattle  or  live  stock,  and  the  same  shall 


ATTACHMENTS.  155 

not  be  immediately  replevies!  or  restored  to  the  debtor,  the 
bailiff  or  other  officer  shall  provide  sufficient  sustenance  for  the 
support  of  such  live  stock  until  the  same  shall  be  sold  or  dis- 
charged from  such  attachment.  He  shall  receive  therefor  a  rea- 
sonable compensation  to  be  ascertained  and  determined  by  the 
court  out  of  which  the  attachment  issued,  and  charged  in  his  fee 
bill,  and  shall  be  collectible  as  part  of  the  costs. 

Section  20.  When  any  goods  and  chattels  shall  be  levied  on 
by  virtue  of  any  attachment,  and  the  bailiff  or  other  officer  in 
whose  custody  such  goods  and  chattels  are,  shall  be  of  opinion 
that  the  same  are  of  a  perishable  nature  and  in  danger  of  im- 
mediate waste  or  decay,  the  bailiff  or  other  officer  shall  sum- 
mon three  respectable  freeholders  of  his  county,  who  shall 
examine  the  goods  and  chattels  so  levied  on;  and  if  the  said 
freeholders  shall,  on  oath  or  affirmation,  certify  that  in  their 
opinion  they  are  of  a  perishable  nature,  and  in  danger  of  imme- 
diate waste  and  decay,  then  such  goods  and  chattels  shall  be 
sold  at  public  vendue,  by  the  bailiff'  or  other  officer,  he  having 
first  advertised  such  sale  at  the  court  hoiLse  and  two  other  pub- 
lic places  in  his  county  at  least  ten  days  before  the  sale:  Pro- 
vided, such  property  may  be  sold  upon  such  notice,  less  than 
ten  days,  as  the  examiner  shall  certify  will  be  for  the  best 
interests  of  the  parties  concerned.  The  money  arising  from 
such  sale  shall  be  liable  to  the  judgment  obtained  upon  such 
attachment,  and  deposited  in  the  hands  of  the  clerk  of  the' 
municipal  court  there  to  abide  the  event  of  such  suit. 

Section  21.  When  the  bailiff  or  other  officer  is  unable  to 
find  property  of  any  defendant,  sufficient  to  satisfy  any  attach- 
ment issued  under  the  provisions  of  this  act,  he  shall  summon 
the  persons  mentioned  in  such  writ  as  garnishees,  and  all  other 
persons  within  the  city  of  Chicago  or  within  the  county  of  such 
other  officer,  whom  the  creditor  shall  designate  as  having  any 
property,  effects,  ehoses  in  action,  or  credits,  in  their  posses- 
sion or  power,  belonging  to  the  defendant,  or  who  are  in  anywise 
indebted  to  such  defendant,  the  same  as  if  their  names  had  been 
inserted  in  such  writ;  the  persons  so  summoned  shall  be  con- 
sidered as  garnishees,  and  the  bailiff  or  other  officer  shall  state, 
in  his  return,  the  names  of  all  persons  so  summoned,  and  the 
date  of  such  service  upon  each. 


156  PRACTICE    IN    THE    MUNICIPAL    COURT. 

Section  22.  When  it  shall  appear  by  the  affidavit  filed,  or 
by  the  return  of  the  officer,  that  any  defendant  in  any  attach- 
ment suit  is  not  a  resident  of  this  state,  or  the  defendant  has 
departed  from  this  state,  or  on  due  inquiry  cannot  be  found, 
or  is  concealed  within  this  state,  so  that  process  cannot  be 
served  upon  him,  it  shall  be  the  duty  of  the  clerk  of  the  court 
in  which  the  suit  is  pending  to  give  notice,  by  publication  at 
least  once  in  each  week  for  three  weeks  successively,  in  some 
newspaper  published  in  this  state,  most  convenient  to  the  place 
where  the  court  is  held,  of  such  attachment,  and  at  whose  suit, 
against  whose  estate,  for  what  sum,  and  before  what  court  the 
same  is  pending,  the  date  on  or  before  which  the  defendant  is 
required  to  appear,  and  that  unless  the  defendant  shall  appear, 
give  bail,  and  plead  within  the  time  limited  for  his  appearance 
in  such  case,  judgment  will  be  entered,  and  the  estate  so  at- 
tached will  be  sold.  And  such  clerk  shall,  within  ten  days  after 
the  first  publication  of  such  notice^  send  a  copy  thereof,  by 
mail,  addressed  to  such  defendant,  if  the  place  of  residence  is 
stated  in  such  affidavit;  and  the  certificate  of  the  clerk  that  he 
has  sent  such  notice  in  pursuance  of  this  section,  shall  be  evi- 
dence of  that  fact. 

Section  23.  No  default  or  proceeding  shall  be  taken  against 
any  defendant  not  served  with  summons,  unless  he  shall  appear, 
i;ntil  the  expiration  of  ten  days  after  the  last  publication  afore- 
said. 

Section  26.  The  practice  and  pleadings  in  attachment  suits, 
except  as  otherwise  provided  in  this  act,  or  by  sections  28  and 
48  of  the  Municipal  Court  Act,  shall  conform,  as  near  as  may 
be,  to  the  practice  in  other  suits  at  law  in  the  circuit  courts. 

Section  27.  The  defendant,  if  the  case  be  one  of  the  first 
class,  may  plead,  traversing  the  facts  stated  in  the  affidavit  upon 
which  the  attachment  issued,  which  plea  shall  be  verified  by 
affidavit,  or,  if  the  case  be  one  of  the  fourth  class  or  one  of  the 
fifth  class,  may  traverse  the  facts  stated  in  the  affidavit  upon 
which  the  attachment  issued  by  a  counter-affidavit,  and  if,  upon 
the  trial  thereon,  the  issue  made  by  said  plea  and  affidavit  or  by 
said  affidavit  shall,  upon  the  trial  thereof,  be  found  for  the 
plaintiff  the  defendant  may,  if  the  case  be  one  of  the  first  class, 


ATTACHMENTS.  151^ 

plead  or  demur  to  the  action  as  in  other  eases  or,  if  the  case  be 
one  of  the  fourth  or  one  of  the  fifth  class,  may  contest  the 
action  as  in  other  cases;  but  if  found  for  the  defendant,  the 
attachment  shall  be  quashed,  and  the  costs  of  attachment  shall 
be  adjudged  against  the  plaintiff,  but  the  suit  shall  proceed  to 
final  judgment  as  though  commenced  by  summons. 

Section  28.  No  writ  of  attachment  shall  be  quashed  nor  the 
property  taken  thereon  restored,  nor  any  garnishee  discharged, 
nor  any  bond  by  him  given  canceled,  nor  any  rule  entered 
against  the  bailiff  or  other  officer  discharged,  on  account  of  any 
insufficiency  of  the  original  affidavit,  writ  of  attachment  or  at- 
tachment bond,  if  the  plaintiff,  or  some  credible  person  for  him, 
shall  cause  a  legal  and  sufficient  affidavit  or  attachment  bond 
to  be  filed,  or  the  writ  to  be  amended,  in  such  time  and  manner 
as  the  court  shall  direct;  and  in  that  event  the  cause  shall  pro- 
ceed as  if  such  proceeding  had  originally  been  sufficient. 

Section  29.  In  all  cases  of  attachment,  any  person,  other 
than  the  defendant,  claiming  the  property  attached,  may,  if  the 
case  be  one  of  the  first  class,  interplead,  verifying  his  plea  by 
affidavit,  or,  if  the  case  be  one  of  the  fourth  class  or  one  of  the 
fifth  class,  by  filing  an  affidavit  setting  forth  his  claim,  without 
giving  bail,  but  the  property  attached  shall  not  thereby  be 
replevied;  and  the  court  shall  immediately  (unless  good  cause 
be  shown  by  either  party  for  a  postponement)  direct  a  jury  to 
be  impaneled  to  inquire  into  the  right  of  property.  In  all 
eases  where  the  jury  find  for  a  claimant,  such  claimant  shall 
be  entitled  to  his  costs ;  and  where  the  jury  find  for  the  plaintiff 
in  the  attachment,  such  plaintiff  shall  recover  his  costs  against 
such  claimant.  If  such  claimant  is  a  non-resident  of  the  state 
he  shall  file  security  for  costs  as  in  case  of  non-resident  plain- 
tiff. 

Section  30.  Any  defendant  against  whom  an  attachment 
may  be  sued  out  under  this  act,  may  avail  himself  in  his  de- 
fense of  any  set-off  properly  pleadable  by  the  laws  of  this 
state. 

Section  31.  The  plaintiff,  in  any  action  which,  if  brought 
in  a  circuit  court,  would  be  an  action  of  assumpsit,  debt,  cove- 
nant, trespass,  or  trespass  on  the  case,  having  commenced  an 


158  PRACTICE    IN    THE    MUNICIPAL    COURT. 

action  by  summons  or  capias,  may,  at  any  time  pending  such 
suit,  and  before  judgment  therein,  on  filing  in  the  office  of  the 
clerk  where  such  action  is  pending,  a  sufficient  bond  and  affi- 
davit showing  his  right  to  an  attachment  under  the  first  section 
of  this  act,  sue  out  an  attachment  against  the  lands,  goods,  chat- 
tels, rights,  moneys,  credits  and  effects  of  the  defendants,  which 
said  attachment  shall  be  entitled  in  the  suit  pending  and  be 
in  aid  thereof;  and  such  proceedings  shall  be  thereupon  had 
as  required  or  permitted  in  original  attachments  as  near  as  may 
be:  Provided,  this  section  shall  not  apply  to  actions  in  which 
the  defendant  has  been  arrested  and  has  given  special  bail : 
and  provided  further,  that  in  all  actions  which,  if  brought  in  a 
circuit  court,  would  be  actions  of  trespass  and  trespass  on  the 
case,  before  a  writ  of  attachment  shall  be  issued  the  plaintiff, 
his  agent  or  attorney,  shall  apply  to  a  judge  of  the  municipal 
court  or  a  master  in  chancery  of  Cook  county,  and  be  exam- 
ined under  oath  by  such  judge  or  master  concerning  the  cause 
of  action;  and  thereupon  such  judge  or  master  shall  endorse 
upon  the  affidavit  the  amount  of  damages  for  which  the  writ 
shall  issue,  and  no  greater  amount  shall  be  claimed. 

Section  32.  In  all  cases  when  a  scire  facias  shall  be  sued 
out  of  the  municipal  court,  to  make  any  person  party  to  any 
judgment  that  has  been  or  hereafter  may  be  rendered  therein, 
writs  of  attachment  may  be  issued  in  aid  thereof,  against  any 
one  or  all  persons  named  in  said  scire  facias  to  any  county  of 
this  state,  upon  the  terms  provided  in  this  act;  and  the  parties 
in  such  writs  of  attachment  may  be  brought  in  by  notice  as  in 
other  cases  of  attachment,  when  personal  service  cannot  be  had. 

Section  33.  Upon  the  return  of  attachments  issued  in  aid 
of  actions  pending,  unless  it  shall  appear  that  the  defendant  or 
defendants  have  been  served  with  process  in  the  original  cause, 
notice  of  the  pendency  of  the  suit,  and  of  the  issue  and  levy  of 
the  attachment,  shall  be  given  as  is  required  in  cases  of  orig- 
inal attachment;  and  such  notification  shall  be  sufficient  to  en- 
title the  plaintiff  to  judgment,  and  the  right  to  proceed  thereon 
against  the  property  and  estate  attached,  and  against  garnishees, 
in  the  same  manner  and  with  like  effect  as  if  the  suit  had  been 
commenced  by  attachment. 


ATTACHMENTS.  159 

Section  34.  When  the  defendant  ha^  been  served  with  the 
writ,  or  appears  to  the  action,  the  judgment  shall  have  the 
same  force  and  effect  as  in  suits  commenced  by  summons;  and 
execution  may  issue  thereon,  not  only  against  the  property  at- 
tached, but  the  other  property  of  the  defendant. 

Section  35.  When  the  defendant  shall  be  notified  as  afore- 
said, but  not  served  with  process,  and  shall  not  appear  and 
answer  the  action,  judgment  by  default  may  be  entered,  which 
may  be  proceeded  upon  to  final  judgment  as  in  other  cases  of 
default,  but  in  no  case  shall  judgment  be  rendered  against  the 
defendant  for  a  greater  sum  than  appears,  by  the  affidavit  of 
the  plaintiff,  to  have  been  due  at  the  time  of  obtaining  the  at- 
tachment, with  interest,  damages  and  costs;  and  such  judgment 
shall  bind,  and  a  special  execution  shall  issue  against  the  prop- 
erty, credits  and  effects  attached,  and  no  execution  shall  issue 
against  any  other  property  of  the  defendant;  nor  shall  such 
judgment  be  any  evidence  of  debt  against  the  defendant  in  any 
subsequent  suit. 

Section  36.  The  property  attached  may  be  levied  upon  by 
execution  issued  in  the  attachment  suit,  whether  in  the  hands 
of  the  officer  or  secured  by  bond  as  provided  in  this  act,  and 
shall  be  sold  as  other  property  levied  upon  by  execution. 

Section  37.  All  judgments  in  attachments  against  the  same 
defendant,  levied  at  the  same  time,  shall  share  pro  rata,  accord- 
ing to  the  amount  of  the  several  judgments,  in  the  proceeds  of 
the  property  attached,  either  in  the  hands  of  a  garnishee  oi^ 
otherwise:  Provided,  when  the  property  is  attached  while  the 
defendant  is  removing  the  same  or  after  the  same  has  been 
removed  from  the  city  of  Chicago,  and  the  same  is  overtaken 
and  returned,  or  while  the  same  is  secreted  by  the  defendant, 
or  put  out  of  his  hands,  for  the  purpose  of  defrauding  his  cred- 
itors, the  court  may  allow  the  creditor  or  creditors  through 
whose  diligence  the  same  shall  have  been  secured  a  priority  over 
other  attachments  or  judgment  creditors. 

Section  38.  Upon  issuing  execution  against  any  property 
attached,  the  proceeds  of  which  shall  be  required  to  be  divided, 
the  clerk  shall,  at  the  same  time,  make  out  and  deliver  to  the 
bailiff  or  other  officer  to  whom  the  execution  is  issued,  a  state- 


160  PRACTICE    IN    THE    MUNICIPAL    COURT. 

ment  of  all  judgments,  with  the  costs  thereon,  which  shall  be 
entitled  to  share  in  such  proceeds,  and  when  any  judgment  cred- 
itor shall  have  been  allowed  a  priority  over  the  other  judgment 
creditors,  the  same  shall  be  stated.  Upon  the  receipt  of 
such  proceeds  by  the  bailiff  or  other  officer,  he  shall  divide  and 
pay  over  the  same  to  the  several  judgment  creditors  entitled  to 
share  in  the  same  in  the  proportion  they  shall  be  entitled  there- 
to. . 

Section  39.  The  court  may,  at  any  time  before  the  proceeds 
of  any  attached  property  has  been  paid  over  to  the  judgment 
creditors,  order  the  whole  or  any  part  thereof  to  be  paid  into 
court,  and  may  make  any  and  all  such  orders  concerning  the 
same  as  it  shall  deem  just. 

Section  40.  The  plaintiff  or  defendant  in  any  attachment, 
person  interpleading,  and  the  sheriff,  or  either  of  them,  who 
may  feel  aggrieved  by  the  judgment  of  the  court,  may  prose- 
cute writs  of  error  and  take  appeals  as  by  law  is  provided  in 
other  cases  of  the  class  to  which  such  attachment  suit  may  be- 
long. 

Section  41.  This  act  shall  be  construed  in  all  courts  in  the 
most  liberal  manner  for  the  detection  of  fraud. 

Section  42.  That  when  any  live  stock  is  levied  upon  in  any 
attachment  proceeding  in  the  municipal  court  the  plaintiff  may 
apply  to  the  court  for  an  order  of  sale  thereof,  and  if  it  shall 
appear  that  the  stock  is  fit  for  market,  or  that  if  not  sold  will 
depreciate  in  value,  then  the  court  shall  order  a  sale  of  the 
property  on  such  terms  as  shall  seem  proper,  and  the  proceeds 
shall  be  deposited  with  the  clerk  of  the  court  in  which  the  suit 
is  pending  until  determined  and  then  be  paid  to  the  successful 
party  in  said  suit. 


CHAPTEE  VI. 

ATTACHMENT  OF  WATER  CRAFT  CASES. 

The  difference  between  the  practice  in  the  circuit  court  and 
that  in  the  municipal  court  in  attachment  of  water  craft  cases 
has  been  to  some  extent  indicated  in  the  preceding  portions  of 
this  work,  devoted  to  attachments.  (See  Chapter  I  and  Chap- 
ter III,  Part  II.)  All  other  differences  may  be  ascertained  by 
changing  the  attachment  of  water-craft  act  (Kurd's  R.  S.  of 
1905,  Chapter  12,  pp.  183-187)  so  that  the  same  will  read  as 
follows : 

Section  1.  Every  sail  vessel,  steam  boat,  steam  dredge,  tug 
boat,  scow,  canal  boat,  barge,  lighter,  and  other  water  craft  of 
above  five  tons  burthen  used,  or  intended  to  be  used  in  navi- 
gating the  waters  or  canals  of  this  statCj  or  used  in  trade  and 
commerce  between  ports  and  places  within  this  state,  or  having 
their  home  port  in  this  state,  shall  be  subject  to  a  lien  thereon, 
which  lien  shall  extend  to  tackle,  apparel  and  furniture  of  such 
craft  as  follows: 

First — For  all  debts  contracted  by  the  owner  or  part  owner, 
master,  clerk,  steward,  agent  or  shipshusband  of  such  craft,  on 
account  of  supplies  and  provisions  furnished  for  the  use  of  such 
water  craft,  on  account  of  work  done  or  services  rendered  on 
board  of  such  craft  by  any  seaman,  master  or  other  employer 
thereof,  or  on  account  of  work  done  or  materials  furnished  by 
mechanics,  tradesmen  or  others,  in  or  about  the  building,  re-< 
pairing,  fitting,  furnishing  or  equipping  such  craft. 

Second — For  all  sums  due  for  wharfage,  anchorage  or  dock 
hire,  including  the  use  of  dry  docks. 

Third — For  sums  due  for  towage^  labor  at  pumping  out  or 
raising,  when  sunk  or  disabled,  and  to  shipshusband  or  agent 
of  such  water  craft,  for  disbursements  due  by  the  owner  on 
account  of  such  water  craft. 

Fourth- — For  all  damages  arising  for  the  non-performance 
of  any  contract  of  affreightment,  or  of  any  contract  touching 
11  161 


162  PRACTICE    IN    THE    MUNICIPAL    COURT. 

the  transportation  of  property  entered  into  by  the  master,  own- 
er, agent  or  consignee  of  such  water  craft,  where  any  such  con- 
tract is  made  in  this  state. 

Fifth — For  all  damages  arising  from  injuries  done  to  per- 
sons or  property  by  such  water  craft,  whether  the  saine  are 
aboard  said  vessel  or  not,  where  the  same  shall  have  occurred 
through  the  negligence  or  misconduct  of  the  (jwner,  agent,  mas- 
ter or  employes  thereon ;  but  said  craft  shall  not  be  liable  for 
any  injury  or  damage  received  by  one  of  the  crew  from  another 
member  of  the  crew. 

Section  2.  There  shall  also  be  a  lien  upon  the  goods,  wares 
and  merchandise  shipped,  taken  in  and  put  aboard  any  such 
water  craft  for  sums  due  for  freight,  advanced  charges  and 
demurrage,  which  shall  be  collected  against  said  goods,  wares 
and  merchandise  in  the  same  manner  as  hereinafter  provided  in 
this  act,  in  eases  of  sums  due  against  said  water  craft. 

Section  3.  Any  such  lien  may  be  enforced  in  the  manner 
hereinafter  provided  at  any  time  within  five  years:  Provided, 
no  creditor  shall  be  allowed  to  enforce  such  lien  as  against,  or  to 
the  prejudice  of,  any  other  creditor  or  subsequent  incumbrance, 
or  bona  fide  purchaser,  unless  proceedings  Ih>  instituted  to  en- 
force such  lien  within  nine  months  after  tlie  indebtedness  ac- 
crues or  becomes  due. 

Section  4.  The  person  claiming  to  have  a  lien  under  the 
provisions  of  this  act  may  file  with  the  clerk  of  the  municipal 
court,  if  the  water  craft  upon  which  said  lien  is  claimed  is 
within  the  city  of  Chicago,  a  petition,  setting  forth  the  nature 
of  his  claim,  the  amount  due  after  allowing  all  payments  and 
just  set-offs,  the  name  of  the  water  craft,  and  the  name  and 
residence  of  each  OAvner  known  to  the  petitioner;  and  when 
any  owner  or  his  place  of  residence  is  not  known  to  the  peti- 
tioner, he  shall  so  state,  and  that  he  has  made  inquiry  and  is 
unable  to  ascertain  the  same;  which  petition  shall  be  verified 
by  affidavit  of  the  petitioner  or  his  agent  or  attorney.  If  the 
claim  is  upon  an  account  or  instrument  in  writing,  a.  copy  of 
thp  same  shall  be  attached  to  the  petition. 

Section  ;">.  The  petitioner,  or  his  agent  or  attoTTiey,  shall 
also  file  with  such  petition  a  bond,  payabl<>  to  the  owner  of  the 


ATTACHMENT    OF    WATER    CRAFT.  163 

craft  to  be  attached,  or,  if  unknown,  to  the  owners  thereof,  in 
at  least  double  the  amount  of  the  claim,  with  security  to  be 
approved  by  the  clerk,  conditioned  that  the  petitioner  shall 
prosecute  his  suit  with  effect,  or,  in  case  of  failure  therein,  will 
pay  all  costs  and  damages  which  the  owner  or  other  persons 
interested  in  such  Avater  craft  may  sustain,  in  consequence  of 
the  wrongful  suing  out  of  such  attachment,  which  bond  may  be 
sued  by  any  owner  or  person  interested,  in  the  same  manner  as 
if  it  had  been  given  to  such  person  by  his  proper  name.  Only 
such  persons  shall  be  required  to  join  in  such  suit  as  have  a 
joint  interest;  others  may  allege  breaches  and  have  assessment 
of  damages,  as  in  other  cases  of  suits  on  penal  bonds. 

Section  6.  Upon  the  filing  of  such  petition  and  bond  as 
aforesaid,  the  clerk  shall  issue  a  writ  of  attachment  against  the 
owners  of  such  water  craft,  directed  to  the  bailiff  of  the  munic- 
ipal court,  commanding  him  to  attach  such  water  craft,  which 
writ  shall  be  tested  and  returnable  as  other  writs  of  attachment. 
Such  owners  may  be  designated  by  their  reputed  names,  by  sur- 
names, and  joint  defendants  by  their  separate  or  partnership 
names,  or  by  such  names,  styles  or  titles  as  they  are  usually 
known.  If  the  name  of  any  owner  is  unknown,  he  may  be  desig- 
nated as  an  unknown  owner. 

Section  7.  The  writ  shall  be  substantially  in  the  following 
form: 

State  of  Illinois,    ] 
City  of  Chicago,   V  ss. 
District,   j 

The  People  of  the  State  of  Illinois,  to  the  Bailiff  of  the  Munic- 
ipal Court  of  Chicago — Greeting: 

Whereas,  (name  of  the  petitioner)  hath  com- 
plained that  the  owners  of  the (name  of  the  ves- 
sel) are  justly  indebted  to  him  in  the  sum  of 

Dollars  (amount  due)  for  which  he  claims  a  lien  upon  said 
vessel,  and  has  given  bond  with  security  as  required  by  law: 

We,  therefore,  command  you  that  you  attach  the  said 

(name  of  vessel)  her  tackle,  apparel  and  furniture,  to  satisfy 
such  demand  and  costs,  and  all  such  demands  as  shall  be  exhib- 
ited against  such  vessel  according  to  law,  and  having  attached 


154  PRACTICE    IN    THE    MUNICIPAL    COURT. 

the  same,  you  summoii (here  insert  the  names  of 

owners  of  such  vessel)  owners  of  such  vessel,  to  be  and  appear 

before  the  municipal  court  of  Chicago  at   (here 

give  location  of  court),  being  one  of  the  places  in  said  city  of 
Chicago  provided  by  the  corporate  authorities  thereof  for  the 

holding   of   the   same,   on   Monday   the    day   of 

A.  D.  190. . . .  (or  if  the  ease  be  one  of  the  fourth 

class  or  one  of  the  fifth  class,   at  ten   o'clock  a.   m.   on  the 

day  of   A.   D.   19 )   then  and 

there  to  answer  what  may  be  objected  against  them  and  the 

said    (name  of  vessel).     And  have  you  then  and 

there  this  writ  with  a  return  thereon  in  what  manner  you  have 
executed  the  same. 

Witness  ,  Clerk  of  said  court  and  the 

seal   thereof  at    Chicago   aforesaid  this    day  of 

A.  D.  19.... 


Clerk. 

Section  8.  The  bailiff  or  other  officer  to  whom  such  writ 
shall  be  directed,  shall  forthwith  execute  the  same  by  reading 
the  same  to  such  defendants  and  attaching  the  vessel,  her  tackle, 
apparel  and  furniture,  and  shall  keep  the  same  until  disposed  of 
as  hereinafter  provided.  Such  bailiff  or  other  officer  shall  also 
on  or  before  the  return  day  of  such  writ,  or  at  any  time  after 
the  service  thereof,  upon  the  request  of  the  petitioner,  make  a 
return  to  such  court,  stating  therein  particularly  his  doings  in 
the  premises,  and  shall  make,  subscribe  and  annex  thereto  a  just 
and  true  inventory  of  all  the  property  so  attached. 

Section  9.  Whenever  any  such  writ  shall  be  issued  and 
served  no  other  attachment  shall  issue  against  the  said  water 
craft,  unless  the  first  attachment  is  discharged,  or  the  vessel  is 
bonded. 

Section  10.  Upon  return  being  made  to  such  writ,  unless  the 
vessel  has  been  bonded,  as  hereinafter  provided,  the  clerk  shall 
immediately  cause  notice  to  be  given  in  the  same  manner  as  re- 
quired in  other  cases  of  attachment.  The  notice  shall  contain,  in 
addition  to  that  required  in  other  cases  of  attachment,  a  notice 


ATTACHMENT    OF    WATER    CRAFT.  165 

to  all  persons  to  intervene  for  their  interests  on  a  day  certain, 
or  that  said  claim  will  be  heard  ex  paHe. 

Section  11.  Any  person  having  a  lien  upon  or  any  interest 
in  the  water  craft  attached,  may  intervene  to  protect  such  in- 
terest, by  filing  a  petition  as  hereinbefore  provided,  entitled  an 
intervening  petition;  and  any  person  interested  may  be  made 
a  defendant  at  the  request  of  himself,  or  any  party  to  the  suit, 
and  may  defend  any  petition  by  filing  an  answer  as  hereinafter 
provided,  and  giving  security  satisfactory  to  the  court,  to  pay 
any  costs  arising  from  such  defense ;  and  upon  the  filing  of  any 
intervening  petition,  a  summons,  as  hereinbefore  provided,  shall 
issue;  and  if  the  same  shall  be  returned  not  served,  notice  by 
publication  may  be  given  as  aforesaid;  and  several  intervening 
petitioners  may  be  united  with  each  other,  or  the  original,  in 
one  notice. 

Section  12.  Any  person  intervening  to  enforce  any  lien  or 
claims  adverse  to  the  owners  of  the  craft  attached  shall,  at  the 
time  of  filing  his  petition,  file  with  the  clerk  a  bond  as  in  the 
case  of  original  attachment. 

Section  13.  Intervening  petitions  may  be  filed  at  any  time 
before  the  vessel  is  bonded,  as  provided  in  section  fifteen  (15)  ; 
or,  if  the  same  is  not  so  bonded,  before  order  for  distribution 
of  the  proceeds  of  the  sale  of  the  craft.  And  the  same  proceed- 
ing shall  thereupon  be  had  as  in  the  case  of  claims  filed  before 
sale. 

Section  14.  All  liens  upon  any  water  craft  which  shall  not 
be  filed  hereunder  before  sale  under  decree  or  judgment,  as 
hereinafter  provided,  shall  cease. 

Section  15.  The  owner,  or  his  agent  or  attorney,  or  any 
other  person  interested  in  such  water  craft,  desiring  the  return 
of  the  property  attached,  having  first  given  notice  to  the  peti- 
tioner, his  agent  or  attorney,  of  his  intention  to  bond  the  same, 
may,  at  any  time  before  judgment,  file  with  the  clerk  of  the 
court  in  w^hich  the  suit  is  pending,  a  bond  to  the  parties,  having 
previously  filed  petitions  against  such  craft,  in  a  penalty  at 
least  double  the  aggregate  of  all  sums  alleged  to  be  due  the  sev- 
eral petitioners,  with  security  to  be  approved  by  the  clerlv.  eon- 


166  PRACTICE    IN    THE    MUNICIPAL    COURT. 

(iitioned  that  the  obligors  will  pay  all  moneys  adjudged  to  be 
due  such  claimants  with  costs  of  suit. 

Section  16.  If  the  owner  or  his  agent  or  attorney,  or  other 
party  in  interest,  so  elect,  in  place  of  bonding,  as  aforesaid, 
he  may  apply  to  the  court  upon  like  notice  as  aforesaid,  for  an 
order  of  appraisement  of  such  water  craft  so  seized,'  by  three 
competent  persons  to  be  appointed  by  the  court  and  named  in 
the  order,  and  upon  such  party  depositing  with  the  clerk  the 
jimount  of  such  appraisement  in  money,  or  executing  or  filing 
with  him  a  bond  for  said  amount,  executed  as  provided  in  the 
preceding  section,  it  shall  be  the  duty  of  the  clerk  to  issue  an 
order  of  restitution,  as  provided  in  next  section,  and  if  the 
claimant  of  such  water  craft  shall  decline  any  such  application, 
or  neglect  within  twenty  days  to  accept  such  appraisement  and 
make  the  deposit,  or  give  the  bond  aforesaid,  or  the  property 
seized  shall  be  liable  to  decay,  depreciation  or  injury  from  de- 
lay, the  court,  in  its  discretion,  may  order  tlie  same  or  part 
thereof  to  be  sold,  and  the  proceeds  thereof  to  be  brought  into 
court  to  abide  the  event  of  the  suit. 

Section  17.  Upon  receiving  a  bond  or  deposit,  as  provided 
in  either  of  the  foregoing  sections,  it  shall  be  the  duty  of  the 
clerk  to  issue  an  order  of  restitution,  directing  the  officer  who 
attached  the  water  craft  to  deliver  the  same  to  the  pereon  from 
whose  possession  the  same  was  taken,  and  said  water  craft  shall 
thenceforth  be  discharged  from  all  the  liens  secured  by  such 
bond  or  deposit,  unless  the  court,  upon  motion,  shall  order  the 
same  again  into  custody  on  account  of  the  insufficiency  or  in- 
solvency of  the  surety. 

Section  18.  If  any  petitioner  shall,  at  any  time,  become 
satisfied  that  his  security  is  insufficient,  or  has  become  imper- 
iled, he  may,  by  motion  founded  upon  affidavit  filed,  and  upon 
notice  served  Avith  copy  of  such  affidavit  and  motion,  move  the 
court  to  direct  tlie  giving  of  additional  security,  which  motion 
shall  be  summarily  heard  and  determined,  and  such  order  made 
therein  as  justice  shall  require;  and  the  court  shall  have  power 
to  enforce  all  orders  so  made  by  attachment  for  contempt 
against  persons,  or  writ  against  such  water  craft,  or  otherwise. 


ATTACHMENT    OF    WATER    CRxVFT.  167 

Section  19.  Within  three  days  after  the  return  day  of  such 
summons,  if  the  same  has  been  personally  served  the  number  of 
days  required  by  the  Municipal  Court  Act  prior  to  such  return 
day,  or  within  three  days  after  the  defendant  is  required  to 
appear  by  the  published  notice,  if  the  defendant  has  been  noti- 
fied by  publication  only,  the  owner  or  any  person  interested 
adversely  to  the  claims  mentioned  in  the  notice,  unless,  on  cause 
shown,  further  time  shall  be  allowed  by  the  court,  shall  except, 
demur  or  file  his  answer  upon  oath  or  affirmation.  The  answer 
shall  be  full  and  distinct  to  each  allegation  of  the  petition,  but 
such  answer  shall  not  have  the  effect  of  a  sworn  answer  in 
chancery  as  evidence.  At  the  time  of  filing  an  exception,  de- 
murrer or  answer,  an  affidavit  of  the  claimant,  or  his  agent  or 
attorney,  shall  be  filed,  stating  that  the  claimant  has  a  good 
defense  upon  the  merits.  And  in  case  no  such  exception,  de- 
murrer or  answer,  together  with  such  affidavit  of  merit,  be 
filed  within  the  time  above  specified,  the  petitioner  shall  be  en- 
titled to  a  default,  and  the  demand  may  be  proved  and  judg- 
ment rendered  as  in  other  cases. 

Section  20.  Amendments  may  be  allowed  as  in  other  cases 
and  upon  like  terms  and  conditions,  and  the  court  may  take  all 
proceedings  and  make  all  orders  necessary  to  fully  dispose  of  the 
rights  of  all  persons  interested  in  the  property  attached,  and 
for  that  purpose  may  add  new  parties  whenever  necessary,  who 
may  be  summoned  or  notified  as  in  case  of  original  defendants. 

Section  21.  If,  upon  the  trial,  judgment  shall  pass  for  the 
petitioner,  and  the  water  craft  has  been  discharged  from  cus- 
tody as  herein  provided,  said  judgment  or  decree  shall  be  ren- 
dered against  the  principal  and  sureties  in  the  bond :  Provided, 
that  in  no  case  shall  the  judgment  exceed  the  penalty  of  the 
bond,  and  the  subsequent  proceedings  shall  be  the  same  as  now 
provided  by  law  in  personal  actions  in  the  courts  of  record  of 
this  state.  If  the  release  has  been  upon  deposit,  the  judgment 
shall  be  paid  out  of  said  deposit. 

Section  22.  In  case  the  water  craft  has  not  been  discharged 
from  custody,  the  judgment  or  decree  shall  be  that  the  same, 
with  the  appurtenances,  be  sold  at  public  vendue  by  the  bailiff, 
after  notice  of  the  time  and  place  of  said  sale,  published  as 


168  PRACTICE    IN    THE    MUNICIPAL    COURT. 

herein  required  in  case  of  a  seizure,  at  least  ten  days  before 
fiueh  sale;  Provided,  that  in  case  of  petition  filed  prior  to  dis- 
tribution, the  judgment  shall  be  for  payment  out  of  the  pro- 
ceeds of  sale,  and  in  case  of  claims  filed  against  surplus  pro- 
ceeds, the  judgment,  if  in  favor  of  the  petitioner,  shall,  in  sub- 
stance, affirm  the  claim  to  be  sustained,  and  direct  payment 
thereof  from  the  surplus  proceeds. 

Section  23.  The  clerk  shall  thereupon  issue  an  order  of  sale, 
commanding  the  bailifi;  to  sell  such  water  craft  as  directed  in 
the  judgment,  and  to  return  said  writ  within  twenty-four  hours 
after  sale,  with  his  doings  in  the  premises,  and  with  proof,  by 
affidavit,  of  the  requisite  notice,  with  a  copy  of  such  notice. 

Section  24.  It  shall  be  the  duty  of  the  bailiff,  upon  receiving 
the  amount  of  the  bid  at  any  sale,  either  before  or  after  judg- 
ment, from  the  purchaser,  or  in  case  the  purchaser  is  petitioner 
or  an  intervenor,  upon  receiving  so  much  of  the  bid  as  the  court 
shall  direct  by  special  order,  reference  being  had  to  the  relative 
amount  of  the  buyer's  claim,  to  deliver  such  water  craft  and 
appurtenances  to  the  purchaser,  with  a  bill  of  sale  thereof,  and 
to  return  and  to  deliver  to  the  clerk  the  amount  by  him  received 
on  such  sale. 

Section  25.  A  copy  of  the  last  enrollment,  if  any,  of  such 
water  craft,  shall  be  recited  in  the  bill  of  sale  if  such  copy 
can  be  obtained,  and  a  copy  of  the  judgment,  with  the  order  of 
sale  or  if  such  craft  is  sold  pursuant  to  an  order  before  judg- 
ment, a  copy  of  such  order  shall  also  be  recited  in  such  bill  of 
sale,  certified  by  the  clerk,  under  the  seal  of  the  court ;  and  such 
bill  of  sale  shall  be  full  and  complete  evidence  of  the  regularity 
of  the  judgment  or  order  and  sale,  in  all  courts  and  places,  and 
shall  supersede  the  necessity  of  any  other  proof  thereof  to 
validate  said  bill  of  sale;  and  all  bills  of  sale  containing  such 
recital,  and  supported  by  such  proof,  shall  be  effectual  to  pass 
the  title  of  such  water  craft. 

Section  26.  The  sum  delivered  by  the  bailiff  to  the  clerk 
as  aforesaid,  shall  be  distributed  by  the  court  upon  motion  of 
any  party  in  interest  of  record,  and  due  notice  to  the  other  par- 
ties, and  after  the  following  manner: 

First — The  costs  accruing  upon  all  complaints  filed  before 


ATTACHMENT    OF    WATER    CRiVFT.  169 

distribution,  and  on  which  judgment  or  decree  is  or  may  be 
thereafter  rendered  in  favor  of  complainant. 

Second — Seamen's  (which  term  shall  include  the  master) 
wages  due  upon  the  last  two  voyages,  or  if  shipped  by  the  month 
the  last  two  months. 

Third. — All  other  claims  filed  prior  to  order  of  distribution  on 
Avhich  decree  or  judgment  may  be  rendered  in  favor  of  com- 
plainant, together  with  whatever  balance  may  be  due  seamen. 

Section  27.  Any  portion  of  the  sum  so  paid  by  the  bailiff  to 
the  clerk,  or  of  a  deposit  remaining  after  such  distribution  as 
aforesaid,  shall  be  denominated  remnants  and  surplus  proceeds, 
and  where  any  claim  or  complaint  shall  be  filed  against  the 
same  as  provided  in  this  act,  distribution  shall  be  directed  by 
the  court  after  decree  or  judgment  upon  motion  and  notice, 
as  provided  in  the  last  section,  and  after  the  following  order : 

Fii'st — All  <;osts  upon  claims  passing  into  decree  which  were 
filed  after  distribution. 

Second — All  other  liens  enforceable  under  this  act  against 
the  water  craft  prior  to  distribution. 

Third — All  claims  upon  mortgages  of  such  water  craft  or 
other  incumbrances  by  the  owner,  in  proportion  to  the  interest 
they  cover  and  priority. 

Fourth — Upon  petition  of  the  creditor,  all  judgments  at  law, 
or  decrees  in  chancery  against  the  owner,  and  which  ought 
equitably  to  be  paid  out  of  the  proceeds  in  preference  to  the 
owner. 

Fifth — The  owner. 

Section  28.  In  case  the  sum  for  which  the  water  craft  is 
sold  is  sufficient  to  pay  all  the  claims  filed  before  distribution, 
with  costs  thereon,  and  an  appeal  is  taken  as  hereinafter  pro- 
vided, the  court  may  order  distribution  of  such  portion  of  the 
sura  brought  on  sale  upon  judgments  unappealed  from  as  may 
seem  just  and  proper. 

Section  29.  Any  party  complaining  or  defending,  who  may 
think  himself  aggrieved  by  the  final  judgment  of  the  court, 
may  appeal  therefrom  to  the  supreme  court,  or  may  prosecute  a 
writ  of  error  in  the  same  manner  as  appeals  or  writs  of  error 
are  taken  or  prosecuted  in  other  cases. 


CHAPTER  VII. 
'     REPLEVIN  CASES. 

Replevin  cases  of  the  first  class  are  those  in  which  the  value 
of  the  property  sought  to  be  recovered,  as  claimed  by  the  plain- 
tiff, exceeds  one  thousand  dollars  ($1,000).  In  general  the 
practice  in  those  cases  is  indicated  in  the  chapter  devoted  to 
cases  of  the  first  class.     (See  Chapter  I,  Part  II.) 

Replevin  cases  of  the  fourth  class  are  those  in  which  the 
value  of  the  personal  property  claimed  does  not  exceed  one 
thousand  dollars  ($1,000).  (See  paragraph  fourth  of  section 
2.)  A  case  of  this  character  must  be  brought  and  prosecuted  in 
the  district  in  which  the  defendant  resides  or  is  found,  except- 
ing in  the  following  cases: 

First — If  there  be  more  than  one  defendant,  suit  is  to  be 
brought  in  the  district  in  which  either  defendant  resides  or  is 
found,  and  process  may  be  served  upon  the  remaining  defend- 
ant or  defendants  at  any  place  within  the  city  of  Chicago. 
(Section  29.) 

Second — If  the  defendant  be  a  corporation  having  its  prin- 
cipal office  in  the  city  of  Chicago,  suit  must  be  brought  in  the 
district  in  which  its  principal  office  is  located.     (Section  29.) 

Third — If  the  defendant  be  a  corporation  not  having  a  prin- 
cipal office  in  the  city  of  Chicago,  suit  may  be  brought  in  any 
district  within  which  service  of  process  may  be  had  upon  any 
officer,  agent  or  employe  of  such  corporation  upon  whom  service 
of  process  might  be  had,  if  issued  in  a  suit  commenced  in  the 
circuit  court.  (See  section  29.)  The  officers,  agents  or  em- 
ployes of  such  corporation  upon  whom  service  of  process  may  be 
had  in  such  a  case  are  specified  in  section  4  of  the  act  entitled 
""An  Act  in  regard  to  practice  in  courts  of  record,"  approved 
Feb,  22,  1872,  and  in  force  July  1,  1872,  as  amended  by  the  act 
entitled  "An  Act  to  amend  sections  2  and  4  of  an  act  entitled 
'An  act  in  regard  to  practice  in  courts  of  record,'  approved 
Feb.  22,  1872,"  approved  May  29,  1877,  and  in  force  July  1, 
1877,  the  provisions  of  which  constitute  paragraph  5,  p.  1531, 
Hurd's  R.  S.  of  1905. 

170 


REPLEVIN   CASES.  171 

The  practice  and  mode  of  procedure,  other  than  as  above 
specified,  is  regulated  by  section  48,  by  which  it  is  declared  that 
the  practice  and  proceedings  in  such  cases,  other  than  the  mode 
of  trial  and  the  proceedings  subsequent  to  the  trial,  shall  be 
Ihe  same,  as  near  as  may  be,  as  that  which  is  now  prescribed 
by  law  for  similar  cases  in  courts  of  record  with  the  following 
exceptions : 

First — There  are  to  be  no  written  pleadings  other  than  the 
affidavit  in  replevin. 

Second — The  writs  are  to  be  made  returnable  in  like  manner 
as  the  summons  in  other  cases  of  the  fourth  and  fifth  classes. 

Third — The  mode  of  trial  and  all  proceedings  subsequent  to 
the  trial  are  to  be  the  same,  as  near  as  may  be,  as  in  other  eases 
of  the  fourth  and  fifth  classes. 

The  practice  and  proceedings  in  replevin  cases  in  courts  of 
record  are  regulated  by  the  act  entitled  "An  Act  to  revise  the 
law  in  relation  to  replevin,"  approved  Feb.  9,  1874,  and  in  force 
July  1,  1874,  R.  S.  of  1874,  p.  851,  as  amended  by  the  act  en- 
titled "An  Act  to  amend  sections  ten  and  twenty-five  of  an  act 
entitled  'An  Act  to  revise  the  law  in  relation  to  replevin,'  ap- 
proved Feb.  9th,  1874,  in  force  July  1st,  1874,"  appl-oved  May 
28,  1879,  and  in  force  July  1,  1879  (Laws  of  1879,  p.  238),  and 
the  act  entitled  "An  Act  to  amend  section  4  of  an  act  entitled 
'An  Act  to  revise  the  law  in  relation  to  replevin,'  approved 
Feb.  9,  1874,  and  in  force  July  1,  1874,"  approved  May  15, 
1903,  and  in  force  July  1,  1903  (Laws  of  1903,  p.  293).  The 
provisions  of  these  acts,  so  far  as  that  are  now  in  force,  are 
given  in  full  in  Chapter  119  of  Kurd's  R.  S.  of  1905,  pp. 
1634-7. 

Absolute  and  perfect  conformity  by  the  municipal  court  in 
replevin  cases  with  the  rules  of  practice  prescribed  by  these  last 
mentioned  three  acts  is  impossible,  because  of  various  circum- 
stances such,  for  instance,  as  the  fact  that  there  are  to  be  no 
stated  terms  of  the  municipal  court  and  that  it  is  the  legislative 
intent  that  the  court  shall  not  exercise  jurisdiction  over  defend- 
ants who  are  not  residents  of  or  found  within  the  city  of  Chi- 
cago. Hence,  as  has  already  been  stated  with  respect  to  attach- 
ment cases  of  the  fourth  and  fifth  classes,  the  act  (section  48) 
only  requires  conformity  "as  near  as  may  be,"  and  it  makes 
the  municipal  court  the  sole  judge  of  the  applicability  to  its 


172  PRACTICE  IN  THE  MUNICIP-VL  COURT. 

l)ro<;eedings  of  the  rules  of  practice  prescribed  by  law  for  simi- 
lar cases  in  the  circuit  courts  (section  19),  leaving  it,  further- 
more, for  the  court  to  make  suitable  provisions  for  the  just  de- 
termination of  the  rights  of  the  parties  in  cases  where  the  meth- 
od of  procedure  is  not  sufficiently  prescribed.     (Section  51.) 

The  practice  in  replevin  cases  will,  therefore,  be  correctly  ex- 
pressed by  omitting  section  8,  from  said  last  mentioned  three 
acts,  and  by  changing  the  remainijig  sections  thereof  so  that 
they  will  read  as  follows : 

Section  1.  That  whenever  any  goods  or  chattels  shall  have 
been  wrongfully  destrained,  or  otherwise  wrongfully  taken,  or 
shall  be  wrongfully  detained,  an  action  of  replevin  may  be 
brought  for  the  recovery  of  such  goods  or  chattels,  by  the  owner 
or  person  entitled  to  their  possession,  in  any  court  of  competent 
jurisdiction. 

Section  2.  No  action  of  replevin  shall  lie  at  the  suit  of  the 
defendant  in  any  exeeution  or  attachment,  to  recover  goods  or 
chattels  seized  by  virtue  thereof,  unless  such  goods  and  chattels 
are  exempted,  by  law,  from  such  execution  or  attachment;  nor 
shall  an  action  of  replevin  lie  for  such  goods  and  chattels  at  the 
suit  of  any  other  person,  unless  he  shall,  at  the  time,  have  a 
right  to  reduce  into  his  possession  the  goods  taken. 

Section  3.  The  action,  if  one  of  the  first  class,  can  only  be 
commenced  in  the  municipal  court,  when  the  defendant,  if  there 
be  but  one  defendant,  resides  or  is  found  within  the  city  of 
Chicago,  or,  if  the  defendant  be  a  corporation,  unless  its  princi- 
pal office  is  within  said  city;  but  if  the  defendant  be  a  corpo- 
ration not  having  a  principal  office  in  the  city  of  Chicago,  such 
suit  may  be  brought  in  the  municipal  court  whenever  service 
of  process  may  be  had  within  the  city  upon  any  officer,  agent  or 
employe  of  such  corporation  upon  whom  service  of  process 
might  be  had  if  issued  in  a  suit  commenced  in  the  circuit  court. 
If  the  action  be  not  one  of  the  first  class  it  must  be  brought  and 
prosecuted  in  the  district  in  which  the  defendant,  if  there  be 
but  one  defendant,  or  one  of  the  defendants,  if  there  be  more 
than  one  defendant,  resides  or  is  found,  or  if  the  defendant  be 
a  corporation  having  its  principal  office  in  the  city  of  Chicago 
the  action  may  be  brought  in  the  district  in  which  its  prin- 


REPLEVIN  CASES.  173 

cipal  office  is  located,  but  if  the  defendant  be  a  corporation  not 
having  a  principal  office  in  the  city  of  Chicago  suit  may  be 
brought  in  any  district  within  which  service  of  process  may  be 
had  upon  any  officer,  agent  or  employe  of  such  corporation 
upon  whom  service  of  process  might  be  had  if  issued  in  a  suit 
commenced  in  the  circuit  court.  If  in  any  such  case  there  is 
more  than  one  defendant,  and  one  defendant  resides  or  is  found 
within  the  district  in  which  such  suit  is  brought  or  is  properly 
served  with  process  therein,  the  process  of  the  municipal  court 
may  be  served  upon  the  remaining  defendant  or  defendants 
at  any  place  within  the  city  of  Chicago.  But  no  such  action 
shall  be  brought  against  the  city  of  Chicago  or  any  other  mu- 
nicipal corporation  in  any  other  than  the  first  district. 

Section  4.  The  person  bringing  such  action  shall,  before  the 
writ  issues,  file  with  the  clerk  of  the  municipal  court  in  the 
district  in  which  the  action  is  brought,  an  affidavit  showing  that 
the  plaintiff  in  such  action  is  the  owner  of  the  property  de- 
scribed in  the  writ  and  about  to  be  replevied,  or  that  he  is  then 
lawfully  entitled  to  the  possession  thereof,  and  that  the  property 
is  wrongfully  detained  by  the  defendant,  and  that  the  same 
has  not  been  taken  for  any  tax,  assessment,  or  fine  levied  by 
^'irtue  of  any  law  of  this  State  against  the  property  of  such 
plaintiff,  or  against  him  individually,  nor  seized  under  any  ex- 
ecution or  attachment  against  the  goods  and  chattels  of  such 
plaintiff  liable  to  execution  or  attachment,  nor  held  by  virtue 
of  any  writ  of  replevin  against  such  plaintiff. 

Section  5.  When  the  affidavit  is  made  by  any  person  on 
behalf  of  the  plaintiff,  the  same  may  be  upon  the  information 
and  belief  of  the  affiant. 

Section  6.  The  writ  shall  be  directed  to  the  bailiff  of  the 
municipal  court,  (or  if  he  be  interested  in  the  suit,  to  the  cor- 
oner of  Cook  county)  to  serve,  and  shall  be  made  returnable 
as  writs  of  summons  in  other  cases  of  the  class  to  which  the 
suit  belongs. 

Section  7.  The  writ  of  replevin  shall  require  the  bailiff  or 
other  officer  to  take  the  property,  describing  it  as  in  the  affi- 
davit, from  the  possession  of  the  defendant,  and  deliver  the 
same  to  the  plaintiff,  and  to  summon  the  defendant  to  answer 


174  PRACTICE    IN    THE    MUNICIPAL    COURT. 

the  plaintiff  in  the  action,  or  in  case  the  property  or  any  part 
thereof  is  not  found  and  delivered  to  the  bailiff  or  other  ofificer, 
to  answer  the  plaintiff'  for  the  value  of  the  same. 

Section  9.  When  it  appears  b}^  the  return  of  the  ofiBcer 
that  any  defendant  is  not  found,  "alias"  and  "pluries"  writs 
directinsr  the  bailiff  to  summon  the  defendant  may  issue  on 
the  application  of  the  defendant  until  such  defendant  is  served. 

Section  10.  Before  the  execution  of  any  writ  of  replevin, 
the  plaintiff  or  some  one  else  on  his  behalf,  shall  give  to  the 
bailiff  or  other  officer  bond  with  sufficient  security  in  double 
the  value  of  the  property  about  to  be  replevied,  conditioned 
that  he  will  prosecute  such  suit  to  effect,  and  without  delay, 
and  make  return  of  the  property,  if  return  of  the  property 
shall  be  awarded,  and  save  and  keep  harmless  the  bailiff  or 
other  officer  in  replevying  such  property,  and  further  condi- 
tioned for  the  payment  of  all  costs  and  damages  occasioned  by 
wrongfully  suing  out  said  writ  of  replevin,  and  if  the  sureties 
on  such  bond,  at  any  time  before  trial,  shall  become  insolvent, 
a  rule  7iisi  shall  be  entered,  requiring  good  and  sufficient  re- 
plevin bond  to  be  filed,  and  if  the  same  shall  not  be  so  filed 
within  the  time  fixed  by  the  court,  the  suit  shall  be  dismissed. 

Section  11.  The  bailiff  or  other  officer  shall  return  the  bond 
so  taken  by  him,  together  with  the  writ  to  the  clerk  of  the  mu- 
nicipal court  in  the  district  in  which  the  same  was  isusued. 

Section  12.  If  the  bailiff  or  other  officer  fails  to  taJ<e  and  re- 
turn the  bond,  as  required  by  this  act,  or  returns  an  insufficient 
bond,  he  shall  be  liable  to  the  party  injured  for  all  damages 
he  may  sustain  by  reason  of  such  neglect,  which  may  l)e  re- 
covered in  an  action  on  the  case,  in  any  court  of  competent 
jurisdiction,  or  by  an  action  upon  his  official  bond. 

Section  13.  The  bailiff  or  other  officer  shall  not  be  liable, 
inider  the  preceding  section,  unless  the  bond  was  insufficient 
when  taken,  nor  unless  suit  is  commenced  against  him.  or  upon 
his  bond,  within  three  years  after  the  cause  of  action  shall  have 
accrued. 

Section  14.  Upon  such  bond  being  given,  the  bailiR'  or  other 
officer  shall  forthwith  execute  such  writ  by  seizing  and  deliver- 


REPLEVIN   CASES.  175 

ing  the  property  therein  mentioned  to  the  plaintiff  or  his  agent, 
and  by  reading  such  writ  to  the  defendant  and  delivering  to 
him  a  copy  thereof  and  informing  him  of  the  contents  of  said 
writ,  if  the  defendant  can  be  found. 

Section  15.  It  shall  be  the  duty  of  a  bailiff  or  other  officer 
having  a  writ  of  replevin,  to  serve  the  same  by  reading  the  same 
to  the  defendant  and  delivering  him  a  copy  thereof  and  inform- 
ing him  of  the  contents  of  the  writ,  whether  the  property  is  found 
or  delivered  to  him  or  not,  unless,  when  none  of  the  property  is 
found,  the  bailiff  or  other  officer  is  otherwise  directed  by  the 
plaintiff  or  his  agent. 

Section  16.  When  it  shall  appear  by  affidavit  of  the  plain- 
tiff', his  attorney  or  agent,  or  by  the  return  of  the  officer,  that 
any  defendant  against  whom  suit  may  properly  be  brought  in 
such  district  as  provided  by  section  3  above,  has  departed  from 
this  State,  or  on  due  inquiry  cannot  be  found,  or  is  concealed 
within  this  State,  so  that  process  cannot  be  served  on  him,  notice 
may  be  given  as  provided  by  law  in  cases  of  attachment,  and 
with  like  effect. 

Section  17.  Declarations  in  replevin  in  cases  of  the  first 
class  may  be  filed  in  like  manner  as  other  declarations  in  cases 
of  that  class  in  the  municipal  court. 

Section  18.  When  the  property,  or  any  part  thereof,  has 
not  been  found  or  delivered,  as  aforesaid,  and  the  defendant  is 
summoned  or  enters  his  appearance,  the  plaintiff  may,  in  a  case 
of  the  first  class,  declare  in  trover,  or,  in  a  case  of  the  fourth 
class,  file  a  bill  of  particulars  in  trover,  for  such  property 
or  so  much  thereof  as  is  not  found  and  delivered  to  thr*  bailiff, 
or  other  officer,  and,  as  to  the  property  not  found  and  delivered, 
the  plaintiff,  if  he  shall  recover,  shall  be  entitled  to  judgment 
for  the  value  thereof  or  his  interest  therein,  and  such  damages 
as  he  shall  have  sustained  by  reason  of  the  wrongful  taking 
and  detention,  as  in  other  cases  of  trover. 

Section  19.  It  shall  be  sufficient  for  the  defendant,  in  all 
cases  of  replevin  for  disti-ess  taken  for  rent,  to  avow  or  make 
cognizance  generally,  without  particularly  setting  forth  the 
tenure  or  title  to  the  lands  wlici-con  such  distress  was  taken. 


176  PRACTICE    IX    THE    MUNICIPAL    COURT. 

Section  20.  When  the  suit  is  one  of  the  fourth  class,  no 
written  pleadings  shall  be  required. 

Section  21.  Amendments  shall  be  permitted  in  such  actions 
as  in  other  suits  at  law. 

Section  22.  If  the  plaintiff  in  any  action  of  replevin  fails 
to  prosecute  his  suit  with  effect,  or  suffers  a  non-suit  or  dis- 
continuance, or  if  the  right  of  property  is  adjudged  against 
him,  judgment  shall  be  given  for  a  return  of  the  property 
and  damages  for  the  use  thereof  from  the  time  it  was  taken 
until  a  return  thereof  shall  be  made,  unless  the  plaintiff  shall, 
in  the  meantime,  have  become  entitled  to  the  possession  of  the 
property,  when  judgment  may  be  given  against  him  for  costs 
and  such  damages  as  the  defendant  shall  have  sustained;  or  if 
the  property  was  held  for  the  payment  of  any  money,  the  judg- 
ment may  be  in  the  alternative  that  the  plaintiff  pay  the  amount . 
for  which  the  same  was  rightfully  held,  with  proper  damages 
within  a  given  time,  or  make  return  of  the  property. 

Section  23.  If  judgment  is  given  for  the  plaintiff  in  re- 
plevin, he  shall  recover  damages  for  the  detention  of  the  prop- 
erty while  the  same  was  wrongfully  detained  by  the  defendant. 

Section  24.  In  either  case  provided  for  in  the  two  preced- 
ing sections,  if  the  case  is  tried  by  a  jury,  the  damages  may  be 
assessed  by  such  jury,  but  if  the  plaintiff  makes  default  or  the 
judgment  is  given  for  defendant  without  a  trial,  the  damages 
may  be  assessed  by  the  court  or  by  a  jury  impaneled  for  that 
purpose. 

Section  25.  If  at  any  time  the  conditions  of  the  bond  re- 
quired by  section  10  of  this  act  shall  be  broken,  the  bailiff,  or 
other  officer,  or  the  plaintiff  in  the  name  of  the  bailiff  or  other 
officer  to  his  own  use,  as  the  case  may  be,  may  sue  and  maintain 
an  action  on  such  bond  for  the  recovery  of  all  such  damages 
and  costs  as  may  have  been  sustained  in  consequence  of  the 
breach  of  such  condition. 

Section  26.  When  the  merits  of  the  case  have  not  been  de- 
termined in  the  trial  of  the  action  in  which  the  bond  was  given, 
the  defendant  in  the  action  upon  the  replevin  bond  may  plead 
that  fact  and  his  title  to  the  property  in  dispute,  in  said  action 
of  replevin. 


CHAPTER  Vni. 

CASES  OF  DISTRESS  FOR  RENT. 

Distress  for  rent  eases  of  the  first  class  are  those  in  which  the 
amount  of  money  sought  to  be  recovered  exceeds  one  thousand 
dollars  ($1,000).  In  general,  the  practice  in  those  cases  is 
indicated  in  the  chapter  devoted  to  cases  of  the  first  class.  (See 
Chapter  I,  Part  II.) 

Cases  of  distress  for  rent  of  the  fourth  class  are  those  in 
which  the  amount  of  money  sought  to  be  recovered  does  not 
exceed  one  thousand  dollars  ($1,000)  (see  paragraph  fourth  of 
section  2).  Cases  of  this  character  must  be  brought  and  prose- 
cuted in  the  district  in  which  the  defendant  resides  or  is  found, 
excepting  in  the  following  cases: 

First — If  there  be  more  than  one  defendant,  suit  is  to  be 
brought  in  the  district  in  which  either  defendant  resides  or  is 
found,  and  process  may  be  served  upon  the  remaining  defend- 
ant or  defendants  at  any  place  within  the  city  of  Chicago. 
(Section  29.) 

Second — If  the  defendant  be  a  corporation  having  its  princi- 
pal office  in  the  city  of  Chicago,  suit  must  be  brought  in  the  dis- 
trict in  which  its  principal  office  is  located.     (Section  29.) 

Third — If  the  defendant  be  a  corporation  not  having  a  prin- 
cipal office  in  the  city  of  Chicago,  suit  may  be  brought  in  any 
district  within  which  service  of  process  may  be  had  upon  any 
officer,  agent  or  employe  of  such  corporation  upon  whom  serv- 
ice of  process  might  be  had,  if  issued  in  a  suit  commenced  in 
the  circuit  court.  (See  section  29.)  The  officers,  agents  or 
employes  of  such  corporation  upon  whom  service  of  process 
may  be  had  in  such  a  case  are  specified  in  section  4  of  the  act 
entitled  "An  act  in  regard  to  practice  in  courts  of  record,"  ap- 
proved February  22,  1872,  and  in  force  July  1,  1872,  as  amend- 
ed by  the  act  entitled  "An  act  to  amend  sections  2  and  4  of  an 
act  entitled  'An  act  in  regard  to  practice  in  courts  of  record,' 
approved  February  22,  1872,"  approved  May  29,  1877,  and  in 
force  July  1,  1877,  the  provisions  of  which  constitute  para- 
graph 5,  p.  1531  of  Kurd's  R.  S.  of  1905. 
12  177 


178  PRACTICE    IN    TUE    MUNICIPAL    COURT. 

•  The  practice  and  mode  of  procedure  other  than  that  above 
specified  is  regulated  by  section  48,  by  which  it  is  declared  that 
the  practice  and  proceedings  in  such  cases,  other  than  the  mode 
of  trial  and  the  proceedings  subsequent  to  the  trial,  shall  be 
the  same,  as  near  as  may  be,  a«  that  which  is  now  prescribed 
by  law  for  similar  cases  in  courts  of  record,  with  the  following 
exceptions : 

First — There  are  to  be  no  written  pleadings  other  than  the* 
copy  of  the  distress  warrant. 

Second — The  summons  is  to  be  made  returnable  in  like  man- 
ner as  the  summons  in  other  cases  of  the  fourth  class. 

Third — The  mode  of  trial  and  all  proceedrngs  subsequent 
to  the  trial  are  to  be  the  same,  as  near  as  may  be,  as  in  other 
cases  of  the  fourth  and  fifth  classes. 

The  practice  and  proceedings  in  distress  for  rent  cases  in 
courts  of  record  are  regulated  by  the  act  entitled  "An  act  to 
revise  the  law  in  relation  to  landlord  and  tenant/*  approved 
May  1,  1873,  and  in  force  July  1,  1873.  R.  S.  of  1874,  pp.  659- 
661.  The  provisions  of  this  act  are  given  in  full  in  Chapter  80 
of  Hurd's  R.  S.  of  1905,  pp.  1296-1300. 

Absolute  and  perfect  conformity  by  the  municipal  court  in 
cases  of  distress  for  rent  with  the  rules  of  practice  prescribed 
by  this  last  mentioned  act  is  impossible  for  the  same  reason 
that  conformity  is  impossible  in  attachment,  replevin  and  forci- 
ble entry  and  detainer  cases.  Hence,  the  act  in  section  19  and 
in  section  48  only  requires  conforaiity  ''as  near  as  may  be," 
and  it  makes  the  municipal  court  the  sole  judge  of  the  applica- 
bility to  its  proceedings  of  the  rules  of  practice  prescribed  by 
law  for  similar  cases  in  the  circuit  courts  (section  19),  leaving 
it,  furthermore,  for  the  court  to  malve  suitable  provisions  for 
the  just  determination  of  the  rights  of  the  parties  in  cases 
where  the  method  of  procedure  is  not  sufficiently  prescribed. 
(Section  51.) 

The  practice  in  all  distress  for  rent  cases  will,  therefore,  be 
correctly  expressed  by  changing  sections  16-27  of  the  last 
mentioned  act  so  that  they  will  read  as  follows: 

Section  16.  In  all  cases  for  distress  for  rent  the  landlord 
by  himself,  his  agent  or  attorney,  if  the  tenant  resides  in  the 
city  of  Chicago,  may  seize  for  rent  any  personal  property  of 
his  tenant  that  may  be  found  in  said  city  of  Chicago;  and  in 


DISTRESS  FOR  RENT.  179 

no  ease  shall  the  property  of  any  other  person,  although  the 
same  may  be  found  on  the  premises,  be  liable  to  seizure  for  rent 
due  from  such  tenant. 

Section  17.  The  person  making  such  distress  shall  immedi- 
ately file  a  copy  of  the  distress  warrant  together  with  an  in- 
ventory of  the  property  levied  upon  with  the  clerk  of  the  mu- 
nicipal court  in  the  first  district,  if  the  case  be  one  of  the  first 
class,  or,  if  the  case  be  one  of  the  fourth  class,  in  the  district 
in  which  the  tenant,  if  there  be  but  one  tenant,  or  one  of  the 
tenants,  if  there  be  more  than  one  tenant,  resides  or  may  be 
found,  or  if  the  tenant  be  a  corporation  having  its  principal 
office  in  the  city  of  Chicago,  with  the  clerk  of  the  municipal 
court  in  the  district  in  which  its  principal  office  is  located;  or  if 
the  tenant  be  a  corporation  not  having  a  principal  office  in  the 
city  of  Chicago,  with  the  clerk  of  the  municipal  court  in  any 
district  within  which  sei-vice  of  process  may  be  had  upon  any 
officer,  agent  or  employe  of  such  corporation  upon  whom  serv- 
ice of  process  might  be  had,  if  issued  in  a  suit  commenced  in 
the  circuit  court. 

Section  18.  Upon  the  filing  of  such  copy  of  distress  warrant 
and  inventory,  the  clerk  shall  issue  a  summons  against  the  party 
against  whom  the  distress  warrant  shall  have  been  issued,  re- 
turnable as  other  summonses  in  cases  of  the  class  to  which  such 
suit  belongs. 

Section  19.  When  it  shall  appear  by  affidavit  filed  in 
said  municipal  court  that  the  defendant  has  departed  from  this 
State  or  on  due  inquiry  cannot  be  found,  or  is  concealed 
within  this  State,  and  the  affiant  shall  state  the  place  of  resi- 
dence of  said  defendant,  if  known,  and,  if  not  known,  that 
upon  diligent  inquiry  he  has  not  been  able  to  ascertain  the 
same,  notice  may  be  given  as  in  attachment  cases  in  said  court. 

Section  20.  The  suit  shall  thereafter  proceed  in  the  same 
manner  as  in  case  of  attachment  before  said  court:  Provided, 
that  it  shall  not  be  necessary  for  the  plaintiff  in  any  case  to 
file  a  declaration,  but  the  distress  warrant  shall  stand  for  a 
declaration  and  shall  be  amendable,  as  other  declarations : 
Provided,  that  no  such  amendment  shall  in  any  way  affect  any 
liabilities  that  may  have  accrued  in  the  execution  of  such  war- 
rant. 


180  PRACTICE    IN    THE    MUNICIPAL    COURT. 

Section  21.  The  defendant  may  avail  himself  of  any  set-off 
or  other  defence  which  would  have  been  proper  if  the  suit 
had  been  for  the  rent  in  any  form  of  action  and  with  like 
effect. 

Section  22.  If  the  plaintiff  succeeds  in  his  suit,  judgment 
shall  be  given  in  his  favor  for  the  amount  which  shall  appear 
to  be  due  him. 

Section  23.  When  the  defendant  has  been  served  with  pro- 
cess or  appears  to  the  action,  the  judgment  shall  have  the  same 
force  and  effect  as  in  suits  commenced  by  summons,  and  exe- 
cution may  issue  thereon,  not  only  against  the  property  dis- 
trained but  also  against  the  other  property  of  the  defendant. 
But  the  property  distrained,  if  the  same  has  not  been  replev- 
ied or  released  from  seizure,  shall  be  first  sold. 

Section  24.  When  publication  of  notice  shall  have  been 
made,  as  provided  in  this  act,  but  the  defendant  is  not  served 
with  process  and  does  not  appear,  judgment  by  default  may 
be  entered,  and  the  plaintiff  may  recover  the  amount  due  him 
for  rent  at  the  time  of  issuing  the  distress  warrant,  and  a  spe- 
cial execution  shall  issue  against  the  property  distrained,  but 
no  execution  shall  issue  against  any  other  property  of  the  de- 
fendant. 

Section  25.  If  the  judgment  is  in  favor  of  the  defendant, 
he  shall  recover  costs  and  have  judgment  for  the  return  of  the 
property  distrained,  unless  the  same  has  been  replevied  or 
released  from  such  distress.  And  if  a  set-off  is  interposed,  and 
it  appears  that  a  balance  is  due  from  the  plaintiff  to  the  de- 
fendant, judgment  shall  be  rendered  for  the  defendant  for 
the  amount  thereof. 

Section  26.  When  any  distress  w^arrant  has  been  levied,  the 
pei*son  whose  property  is  distrained  may  release  the  same  by 
entering  into  bond  in  double  the  amount  of  the  rent  claimed, 
payable  to  the  landlord,  with  sufficient  sureties,  to  be  approved 
by  the  person  making  the  ley\%  if  the  bond  is  tendered  before 
the  filing  of  a  copy  of  the  warrant,  as  pro\dded  in  this  act,  or  if 
after,  by  the  clerk  of  the  municipal  court,  conditioned  to  pay 
whatever  judgment  the  landlord  may  recover  in  the  suit,  with 
costs  of  suit.     If  the  bond  is  taken  before  the  filing  of  a  copy 


DISTRESS  FOR  RENT.  181 

of  the  distress  warrant,  such  bond  shall  be  filed  therewith, 
and  if  taken  after  the  filing  of  a  copy  of  the  distress  warrant, 
it  shall  be  filed  in  the  municipal  court. 

Section  27.  If  any  property  distrained  is  of  a  perishable 
nature  and  in  danger  of  immediate  waste  or  decay,  and  the 
same  is  not  replevied  or  bonded,  the  landlord  or  his  agent  or 
attorney  may,  upon  giving  notice  to  the  defendant  or  his  at- 
torney, if  either  can  be  found  in  the  city  of  Chicago,  or  if 
neither  can  be  found,  without  any  notice,  apply  to  any  judge 
of  the  municipal  court  or  to  any  master  in  chancery  of  Cook 
county,  describing  the  property  and  showing  the  same  is  so  in 
danger,  and  if  such  judge,  or  master,  is  satisfied  that  the 
property  is  of  a  perishable  nature  and  in  danger  of  immediate 
waste  or  decay,  and,  if  the  defendant  or  his  attorney  is  not 
served  with  notice  or  does  not  appear,  that  he  cannot  be  found 
in  the  city  of  Chicago,  he  may  issue  an  order  to  the  person 
having  possession  of  the  property,  directing  the  sale  thereof 
upon  such  time  and  such  notice,  terms  and  conditions,  as  the 
judge,  or  master,  shall  think  for  the  best  interests  of  the  par- 
ties concerned.  The  money  arising  from  such  sale  shall  be 
deposited  with  the  clerk  of  the  municipal  court  there  to  abide 
the  event  of  the  suit. 


CHAPTER  IX. 
FORCIBLE   DETAINER  CASES. 

While  forcible  detainer  cases  are  not  expressly  mentioned 
in  Section  2  they  come  within  the  description  in  paragraph 
fourth  of  that  section  of  "all  those  classes  of  suits  and  pro- 
ceedings, whether  eivil  or  qiuisi  criminal,  of  which  justices  of 
the  peace  are  n(-w  given  jurisdiction  by  law."  Furthermore 
they  are  expressly  mentioned  in  Section  29  and  in  Section  48 
as  being  included  within  cases  of  the  fourth  and  fifth  classes. 

A  forcible  detainer  case  must  be  brought  and  prosecuted  in 
the  district  in  which  the  defendant  resides  or  is  found,  ex- 
cepting in  the  following  cases: 

First — If  there  be  more  than  one  defendant  suit  is  to  be 
brought  in  the  district  in  which  either  defendant  resides  or 
is  found,  and  process  may  be  served  upon  the  remaining  de- 
fendant or  defendants  at  any  place  within  the  city  of  Chicago. 
(Section  29.) 

Second — If  the  defendant  be  a  corporation  having  its  prin- 
cipal office  in  the  city  of  Chicago,  suit  must  be  brought  in  the 
district  in  which  its  principal  office  is  located.      (Section  29.) 

Third — If  the  defendant  be  a  corporation  not  having  a  prin- 
cipal office  in  the  city  of  Chicago,  suit  may  be  brought  in  any 
district  within  which  service  of  process  may  be  had  upon  any 
officer,  agent  or  employe  of  such  corporation  upon  whom  serv- 
ice of  process  might  be  had,  if  issued  in  a  suit  commenced  in 
the  circuit  court.  (See  Section  29.)  The  officei-s,  agents  or 
(employes  of  such  corporation  upon  whom  service  of  process 
may  be  had  in  such  a  case  are  specified  in  section  4  of  the  act 
entitled  "An  Act  in  regard  to  practice  in  courts  of  record," 
approved  Feb.  22,  1872,  and  in  force  July  1,  1872,  as  amended 
by  the  act  entitled  "An  Act  to  amend  sections  2  and  4  of  an 
act  entitled  'An  Act  in  regard  to  practice  in  courts  of  record,' 
approved  Feb.  22,  1872,"  approved  May  29,  1877,  and  in  force 
July  1,  1877,  the  provisions  of  which  constitute  paragraph  5, 
p.  1531  of  Hurd's  R.  S.  of  1905. 

Fourth — If  the  defendant  does  not  reside  or  cannot  be  found 

182 


FORCIBLE  DETAINER.  183 

within  the  city  of  Chicago  the  suit  may  be  brought  within  any 
district  in  which  the  property,  the  possession  of  which  is  sought 
to  be  reeovei*e(l,  is  situated.     (Section  29.) 

The  practice  and  mode  of  procedure,  other  than  that  above 
specified,  is  regulated  by  section  48  by  which  it  is  declared 
that  the  practice  and  proceedings  in  such  eases,  other  than  the 
mode  of  trial  and  the  proceedings  subsequent  to  the  trial,  shall 
be  the  same,  as  near  as  may  be,  as  that  which  is  now  prescribed 
by  law  for  similar  cases  in  courts  of  record,  with  the  follow- 
ing exceptions: 

First — There  are  to  be  no  written  pleadings  other  than  the 
complaint. 

Second — The  summons  is  to  be  made  returnable  in  like  man- 
ner as  the  summons  in  other  cases  of  the  fourth  and  fifth 
classes. 

Third — The  plaintiff  may  unite  with  his  claim  for  the  pos- 
session of  the  property  any  claim  for  rent  or  damages  for  with- 
holding possession  of  the  same,  providing  such  claim  does  not 
exceed  one  thousand  dollars  ($1,000). 

Fourth — The  mode  of  trial  and  all  proceedings  subsequent 
to  the  trial  ai^e  to  be  the  same,  as  near  as  may  be,  as  in  other 
cases  of  the  fourth  and  fifth  classes. 

The  practice  and  proceedings  in  forcible  detainer  cases  in 
courts  of  record  are  regulated  by  the  act  entitled  "An  Act  in 
regard  to  forcible  entry  and  detainer,"  approved  and  in  force 
Feb.  16,  1874,  R.  S.  of  1874,  p.  535,  as  amended  by  the  act 
entitled  "An  Act  to  amend  sections  18  and  20  of  an  act  en- 
titled 'An  Act  in  regard  to  forcible  entry  and  detainer,'  ap- 
proved and  in  force  Feb.  16,  1874,"  approved  May  24,  1877, 
and  in  force  July  1,  1877,  Laws  of  1877,  p.  109,  by  the  act 
entitled  "An  Act  to  amend  section  one  (1)  of  an  act  entitled 
'An  Act  to  amend  sections  18  and  20  of  an  act  entitled  'An 
Act  in  regard  to  forcible  entry  and  detainer,'  approved  and 
in  force  Feb.  16,  1874,'  approved  May  24,  1877,"  approved  May 
31,  1879,  and  in  force  July  1,  1879,  Laws  of  1879,  p.  172,  and 
by  an  act  entitled  "An  Act  to  amend  section  two  (2)  of  an 
act  entitled  'An  Act  in  regard  to  forcible  entry  and  detainer,' 
approved  and  in  force  Feb.  16,  1874,"  approved  May  18,  1881, 
and  in  force  July  1,  1881,  Laws  of  1881,  p.  96.  The  provi- 
sions of  these  acts,  as  far  as  they  are  now  in  force,  are  given 


184  PRACTICE   IN    THE   MUNICIPAL   COURT. 

in  full  in  Chapter  11  of  Ilurd's  R.  S.  of  1905,  pp.  1094-1096. 

Absolute  and  perfect  conformity  by  the  municipal  court  in 
forcible  detainer  cases  within  the  rules  of  practice  prescribed 
by  these  last  mentioned  four  acts  is  impossible  for  the  same  rea- 
son that  conformity  is  impossible  in  attachment  and  replevin 
cases.  Hence  the  act  (section  48)  only  requires  conformity 
"as  near  as  may  be,"  and  it  makes  the  municipal  court  the 
sole  judge  of  the  applicability  to  its  proceedings  of  the  rules 
of  practice  prescribed  by  law  for  similar  eases  in  the  circuit 
courts  (section  19)  leaving  it,  furthermore,  for  the  court  to 
make  suitable  provisions  for  the  just  determination  of  the 
rights  of  the  parties  in  cases  where  the  method  of  procedure 
is  not  sufficiently  prescribed.     (Section  51.) 

The  practice  in  forcible  detainer  cases  in  the  municipal  court 
will,  therefore,  be  correctly  expressed  by  omitting  sections  1, 
2,  3,  4,  6,  7,  10,  21  and  22  of  the  Forcible  Entry  and  Detainer 
[Act,  and  by  changing  the  remaining  sections  thereof  so  that 
they  will  read  as  follows: 

Section  5.  On  complaint  in  writing  by  the  party  or  par- 
ties entitled  to  the  possession  of  such  premises  being  filed  in 
the  municipal  court,  stating  that  such  party  is  entitled  to  the 
possession  of  such  premises  (describing  the  same  with  reason- 
able certainty),  and  that  the  defendant  (naming  him)  unlaw- 
fully withholds  the  possession  thereof  from  him  or  them,  thff 
clerk  of  the  municipal  court  shall  issue  a  summons  directed 
to  the  bailiff  to  execute;  which  summons  may  be  substantially 
in  the  following  form: 

State  of  Illinois,         ] 
City  of  Chicago,         V  ss. 
District.        ) 

The  People  of  the  State  of  Illinois  to  the  Bailiff  of  the  Munici- 
pal Court  of  Chicago — Greeting: 

You  are  hereby  commanded  to  summon 

to  appear  at  ten  o  'clock  a.  m.  sharp,  on  the day  of 

A.  D.  19 .... ,  before  the  municipal  court  of  Chicago  in  and  for 

the. . . . • district,  at being  one  of 

the  places  in  said  city  of  Chicago  provided  by  the  corporate 
authorities  thereof  for  the  holding  of  said  court,  to  answer  the 


FORCIBLE  DETAINER,  185 

complaint   of wherefore    he   unlawfully 

withholds  from  him  the  possession  of  certain  premises  in  said 
City  of  Chicago,  to-wit:  (Describing  the  premises.)  And 
have  you  then  and  there  this  writ  with  endorsement  thereon 
in  what  manner  you  shall  have  executed  the  same. 

Witness 

Clerk  of  said  court  and  the  seal  thereof  at 

Chicago  aforesaid  this day  of A.  D.  19. . 


Clerk. 

The  complainant  may  unite  with  his  complaint  for  posses- 
sion any  claim  for  rent  not  exceeding  one  thousand  dollars 
($1,000),  in  which  case  the  same  shall  be  specified  and  set  forth 
in  the  complaint  and  the  summons  shall  contain  after  the  de- 
scription of  the  premises  the  following: 

And  also  to  answer  to  the  demand  of  the  said  (here  insert 
name  of  complainant)  for  rent  to  the  amount  of  (here  insert 
amount  claimed). 

Section  8.  The  summons  shall  be  made  returnable  at  ten 
o'clock  A.  M.  of  some  day  not  less  than  five  nor  more  than 
fifteen  days  from  the  filing  of  the  complaint.  In  ease  the 
summons  shall  not  be  served  upon  the  defendant  three  days  or 
more  prior  to  the  return  day  thereof,  an  alias  summons  may 
be  issued,  and  a  subsequent  pluries  summons  may  be  issued  in 
any  case  where  a  previous  alias  or  pluries  summons  shall  not 
have  been  served  upon  the  defendant  three  days  or  more  prior 
to  the  return  day  fixed  by  the  previous  summons. 

Section  9.  Service  of  summons  shall  be  made  by  delivering 
a  copy  thereof  to  the  defendant  and  informing  him  of  the  con- 
tents thereof,  or  by  leaving  such  copy  at  his  usual  place  of 
abode,  with  some  pei*son  of  the  family  of  the  age  of  twelve 
years  or  upwards,  and  informing  such  person  of  the  contents 
thereof.  The  manner  of  service^  and  the  date  thereof,  shall  be 
endorsed  on  the  back  of  said  summons  by  the  bailiff  serving 
the  same.  When  service  cannot  be  had  as  provided  in  this 
section,  and  it  shall  appear  by  affidavit  or  the  return  of  the 
bailiff  that  the  defendant  is  not  a  resident  of  this  State,  or  has 
departed  from  this  State,  or  on  due  inquiry  cannot  be  found, 


186  PRACTICE    IN    THE    MUNICIPAL    COURT. 

or  is  concealed  within  this  State  so  that  process  cannot  bo 
served  upon  him,  then  service  may  be  had  by  notice  a«  in  case 
of  attachment. 

Section  11.  Trials  under  this  act  in  the  municipal  court 
shall  be  the  same  as  in  other  eases  of  the  fourth  and  fifth 
classes  in  said  court;  provided,  no  special  pleas  shall  be  re- 
quired, but  the  defendant  may,  under  the  plea  of  * '  not  J?uilty, ' ' 
give  in  evidence  any  matter  in  defence  of  the  action. 

Section  12.  If  the  defendant  does  not  appear  (having  been 
duly  summoned  as  herein  provided)  the  trial  may  proceed  ex 
parte,  and  may  be  tried  by  a  judge  of  the  municipal  court, 
without  the  intervention  of  a  jury. 

Section  13.  If  it  shall  appear  on  the  trial  that  the  plaintiff 
is  entitled  to  the  possession  of  the  whole  of  the  premises 
claimed,  he  shall  have  judgment  and  execution  for  the  posses- 
sion thereof  and  for  his  costs. 

Section  14.  If  it  shall  appear  that  the  plaintiff  is  entitled 
to  the  possession  of  only  a  part  of  the  premises  claimed,  the 
judgment  and  execution  shall  be  for  that  part  only  and  for 
costs,  and  for  the  residue  the  defendant  shall  be  found  not 
guilty. 

Section  15.  Whenever  there  shall  have  been  one  lease  for 
the  whole  of  certain  premises,  and  the  actual  possession 
thereof,  at  the  commencement  of  the  suit,  shall  be  divided  in 
severalty  among  persons  with,  or  other  than,  the  lessee,  in  one 
or  more  portions  or  parcels,  separately  or  severally  held  or  oc- 
cupied, all  or  so  many  of  such  persons,  with  the  lessee,  as  the 
plaintiff  may  elect,  may  be  joined  as  defendants  in  one  suit, 
and  the  recovery  against  them,  with  costs,  shall  be  several, 
according  as  their  actual  holdings  shall  respectively  be  found 
to  be. 

Section  16.  If  the  plaintiff  is  non-suited  or  fails  to  prove 
his  right  to  the  possession,  the  defendant  shall  have  judgment 
jmd  execution  for  costs. 

Section  17.  The  plaintiff'  may  at  any  time  dismiss  his  suit 
as  to  any  one  or  more  of  the  defendants,  and  the  jury  or  court 


FORCIBLE  DETAINER.  187 

may  find  any  one  or  more  of  the  defendants  guilty,  and  the 
others  not  guilty,  and  the  court  shall  thereupon  render  judg- 
ment according  to  such  finding. 

Section  18.  If  any  party  shall  feel  aggrieved  by  the  verdict 
of  the  jury  or  decision  of  the  court,  upon  any  trial  had  under 
this  act,  such  party  may  prosecute  a  writ  of  error  to  be  taken 
id  the  same  court,  within  the  same  time,  in  the  same  manner 
and  tried  in  the  same  way,  as  writs  of  error  are  taken  and 
tried  in  other  cases  of  the  fourth  and  fifth  classes.  No  writ  of 
restitution  shall  be  issued  in  any  case  until  the  expiration  of 
live  days  after  the  entry  of  final  judgment  in  the  municipal 
court. 


CHAPTER  X. 

GARNISHMENT  PROCEEDINGS. 

The  practice  in  garnishment  cases  will  conform,  as  near  as 
may  be,  to  the  practice  in  similar  cases  in  the  circuit  court. 
(Section  19  and  section  48.)  Absolute  and  perfect  conformity 
with  the  practice  in  the  circuit  court  is  impossible  for  rea- 
sons already  indicated  and  pointed  out  in  the  preceding  chap- 
ters. The  differences  expressly  provided  for,  or  otherwise  ren- 
dered necessarj^,  may  be  illustrated  by  changing  the  act  en- 
titled "An  Act  in  regard  to  garnishment,"  approved  March 
9,  1872,  and  in  force  July  1,  1872  (R.  S.  1874,  pp.  550-554), 
with  subsequent  amendments,  the  act  entitled  "An  Act  to  pre- 
vent oppressive  garnishment  and  the  transferring  of  claims 
for  the  purpose  of  depriving  debtors  of  their  exemption 
rights,"  approved  June  17,  1891,  and  in  force  July  1,  1891 
(Laws  of  1891,  p.  141),  the  act  entitled  "An  Act  in  relation 
to  wages  earned  out  of  the  state,"  approved  May  13,  1903, 
and  in  force  July  1,  1903  (Laws  of  1903,  p.  217),  the  act  en- 
titled "An  Act  in  relation  to  the  garnishment  of  administrators 
and  executors,"  approved  June  11,  1897,  and  in  force  July  1, 
1897  (Laws  of  1897,  p.  231),  and  the  act  entitled  "An  Act 
to  subject  the  salary  and  wages  of  officers  and  employees  of 
counties,  cities,  villages,  school  districts  and  departments  of 
either  thereof  to  garnishment  and  attachment,"  approved  May 
11,  1905,  and  in  force  July  1,  1905  (Laws  of  1905,  p.  285),  all 
of  which  are  embodied  in  Kurd's  R.  S.  of  1905,  chapter  62,  pp. 
1116-1123,  so  that  they  will  read  as  follows: 

Section  1.  Whenever  a  judgment  shall  be  rendered  by  the 
municipal  court,  and  an  execution  against  the  defendant  in 
such  judgment  shall  be  returned  by  the  proper  officer  "no 
property  found,"  on  the  affidavit  of  the  plaintiff,  or  other 
credible  person,  being  filed  with  the  clerk  of  said  court,  that 
said  defendant  has  no  property  within  the  knowledge  of  such 
affiant,  in  his  possession,  liable  to  execution,  and  that  such 
affiant  hath  just  reason  to  believe  that  any  other  person  is  in- 
debted to  such  defendant,  or  hath  any  effects  or  estate  of  such 

188 


GARNISHMENT.  189 

defendant  in  his  possession,  custody  or  charge,  it  shall  be  law- 
ful for  such  clerk  to  issue  a  summons  against  the  person  sup- 
posed to  be  indebted  to,  or  supposed  to  have  any  of  the  ef- 
fects or  estate  of,  the  said  defendant,  commanding  him  to 
appear  before  said  court  as  garnishee;  and  said  court  shall 
examine  and  proceed  against  such  garnishee  or  garnishees  in 
the  same  manner  as  is  required  by  law  against  garnishees  in 
original  attachments. 

Section  2.  Such  garnishee  summons  shall  be  made  return- 
able and  be  served  as  other  summonses  in  the  class  of  cases 
in  which  the  same  is  issued. 

Section  3.  If  the  case  in  which  the  garnishee  summons  is 
issued  be  one  of  the  first  class  or  one  of  the  second  class,  no 
judgment  by  default  shall  be  rendered,  unless  such  process 
shall  have  been  served  ten  days  before  the  return  day  of  said 
garnishee  summons;  but  in  case  such  process  shall  have  been 
served  within  less  than  ten  days,  it  shall  be  deemed  returnable 
on  the  Monday  succeeding  the  return  day  thereof.  If  the  case 
be  one  of  the  fourth  class  or  one  of  the  fifth  class,  no  judgment 
by  default  shall  be  rendered  unless  such  process  shall  have 
been  served  three  days  before  the  return  day  thereof. 

Section  5.  When  any  person  is  summoned  as  a  garnishee 
upon  any  process  of  attachment  or  garnishee  summons  issued 
out  of  the  municipal  court,  the  plaintiff:  shall,  on  or  before  the 
date  on  which  the  garnishee  is  bound  to  appear,  or  within 
such  further  time  as  the  court  shall  allow,  exhibit  and  file,  all 
and  singular,  such  allegations  and  interrogatories,  in  writing, 
upon  which  he  shall  be  desirous  to  obtain,  and  compel  the 
answer  of  any  and  every  garnishee,  touching  the  lands,  tene- 
ments, goods,  chattels,  moneys,  choses  in  action,  credits  and 
effects  of  such  defendant,  and  the  value  thereof,  in  his  pos- 
session, custody  or  charge,  or  from  him  due  and  Owing  to  the 
said  defendant  at  the  time  of  the  service  of  the  said  writ,  or 
at  any  time  after,  or  which  shall  or  may  thereafter  become 
due ;  and  it  shall  be  the  duty  of  every  garnishee  to  exhibit  and 
file,  under  his  oath  or  affirmation,  within  ten  days  after  he 
shall  be  notified  of  the  filing  of  such  interrogatories,  full,  direct 
and  true  answers  to  all  and  singular  the  allegations  and  inter- 
rogatories by  the  plaintiff  so  exhibited  and  filed;  but  in  no 


190  PRACTICE   IN    THE    MUNICIPAL   COURT. 

c'Jise  shall   the   garnishee   be   compelled   to   answer  before  the 
second  day  after  the  date  at  which  the  summons  is  returnable. 

Section  7.  When  the  plaintiff  in.  any  garnishee  proceed- 
ing shall  allej;e  that  any  garnishee  served  with  process,  or  ap- 
pearing before  any  court,  hath  not  truly  discovered  the  lands, 
tenements,  goods,  chattels,  moneys,  ehoses  in  action,  credits 
and  effects,  and  the  value  thereof,  in  his  possession,  custody 
or  charge,  or  from  him  due  and  owing  to  the  defendant  at  the 
time  of  the  service  of  the  writ,  or  at  any  time  after,  or  which 
shall  or  may  thereafter  become  due,  the  court  shall  immedi- 
ately (unless  the  case  shall  for  good  cause  be  postponed),  pro- 
ceed to  try  such  cause,  as  against  such  garnishee,  without  the 
formality  of  pleading.  The  trial  shall  be  conducted  as  other 
trials  at  law  in  said  court,  and  if  the  finding  or  verdict  shall  be 
against  the  garnishee,  judgment  shall  be  given  against  him 
in  the  same  manner  as  if  the  facts  had  been  admitted  by  him, 
Avith  all  costs  of  such  trial.  If  the  finding  shall  be  in  favor 
of  the  garnishee  he  shall  recover  his  costs  against  the  plaintiff. 
And  in  case  the  garnishee  admits  the  indebtedness  to  the  judg- 
ment debtor,  he  shall  not  be  liable  for  costs. 

Section  8.  When  any  person  shall  have  been  summoned  as 
a  garnishee  upon  an  attachment  or  other  writ  issued  out  of 
the  municipal  court,  and  shall  fail  to  appear  or  make  discov- 
ery, as  by  this  act  required^  the  court  may  enter  a  conditional 
judgment  against  such  garnishee,  for  the  amount  of  the  plain- 
lift' 's  demand,  or  judgment  against  the  original  defendant,  and 
thereupon  a  scire  facias  shall  issue  against  such  garnishee  re- 
turnable at  the  same  time  as  summonses  in  cases  of  the  same 
class  as  that  in  which  such  scire  facias  is  issued,  commanding 
such  garnishee  to  show  cause  why  such  judgment  should  not 
be  made  final.  If  such  garnishee,  being  served  with  process  or 
notified  as  required  by  law,  shall  fail  to  appear  and  make  dis- 
covery in  the  manner  aforesaid,  the  court  shall  confirm  such 
judgment  to  the  amount  of  the  judgment  against  the  original 
defendant,  and  award  execution  for  the  same  and  costs.  If 
such  garnishee  shall  appear  and  answer,  the  same  proceedings 
may  be  had  as  in  other  cases. 

Section  9.  If  any  garnishee  shall  become  a  non-resident,  or 
shall  have  gone  out  of  this  State,  or  is  concealed  within  this 


\ 


GARNISHMENT.  •  191 

State  so  that  the  scire  facias  cannot  be  served  upon  him,  upon 
the  plaintiff  or  his  agent  filing  affidavit,  as  in  cases  of  non- 
resident defendants  in  attachment,  such  garnishee  may  be  no- 
tified in  the  same  manner  as  such  non-resident  defendants,  and 
upon  such  notice  being  given  he  may  be  proceeded  against  in 
the  same  manner  as  if  he  had  been  personally  sei-ved  with 
such  scire  facias. 

Section  10.  No  final  judgment  shall  be  entered  against  a 
,f;amishee  in  any  attachment  proceeding  until  the  plaintiff 
shall  have  recovered  a  judgment  against  the  defendant  in  such 
attachment. 

Section  11.  If  it  appeals  that  any  goods,  chatLels,  choses 
in  action,  credits  or  effects  in  the  hands  of  a  garnishee  are 
claimed  by  any  other  person,  by  force  of  an  assignment  from 
the  defendant  or  otherwise,  the  court  shall  permit  such  claim- 
ant to  appear  and  maintain  his  right.  If  he  do  not  volunta- 
rily appear,  notice  for  that  purpose  shall  be  issued  and  served 
on  him  in  such  a  manner  as  the  court  shall  direct. 

Section  12.  If  such  claimant  appears,  he  maj^  be  admitted 
as  a  party  to  the  suit,  so  far  as  respects  his  title  to  the  prop- 
erty in  question,  and  may  allege  and  prove  any  facts  not 
stated  nor  denied  by  the  garnishee,  and  such  allegations  shall 
be  tried  and  determined  in  the  manner  hereinbefore  provided. 
If  such  person  shall  fail  to  appear  after  having  been  served 
with  notice  in  the  manner  directed,  he  shall  nevertheless  be 
concluded  by  the  judgment  in  regard  to  his  claim. 

Section  13.  Every  garnishee  shall  be  allowed  to  retain  or 
deduct  out  of  the  property,  effects  or  credits  in  his  hands  all 
demands  against  the  plaintiff,  and  all  demands  against  the 
defendant,  of  which  he  could  have  availed  himself  if  he  had 
not  been  summoned  as  garnishee,  whether  the  same  are  at  the 
time  due  or  not,  and  whether  by  way  of  set-off  on  a  trial,  or 
by  the  set-off'  of  judgments  or  executions  between  himself  and 
the  plaintiff  and  defendant  severally,  and  he  shall  be  liable  for 
the  balance  only  after  all  mutual  demands  between  himself 
and  the  plaintiff'  and  defendant  are  adjusted,  not  including  un- 
liquidated damages  for  wrongs  and  injuries:  Provided,  that 
the  verdict  or  finding,  as  well  as  the  record  of  the  judgment, 


192  PRACTICE    IN    THE    MUNICIPAL    COURT. 

shall  show  in  all  cases  against  which  party,  and  the  amount 
tliereof,  and  set-off  shall  be  allowed,  if  any  such  shall  be  al- 
lowed. 

Section  14.  The  wages  for  services  of  a  wage-earner  who 
is  the  head  of  a  family  and  residing  with  the  same,  to  the 
amount  of  fifteen  dollars  ($15)  per  week  shall  be  exempt  from 
garnishment.  All  above  the  sum  of  fifteen  dollars  ($15)  per 
week  shall  be  liable  to  garnishment.  Every  employer  shall  pay 
to  such  wage-earner  such  exempt  wages  not  to  exceed  the  sum 
of  fifteen  dollars  ($15)  per  week  of  each  week's  wages  earned 
by  him,  when  due,  upon  such  wage-earner  making  and  deliv- 
ering to  his  employer  his  affidavit  that  he  ls  such  head  of  a 
family  and  residing  with  the  same,  notwithstanding  the  serv- 
ice of  any  writ  of  garnishment  upon  such  employer,  and  the 
surplus  only  above  such  exempt  wages  shall  be  held  by  such 
emplo3''er  to  abide  the  event  of  the  garnishment  suit.  If  the 
amount  of  wages  subject  to  garnishment  shall  not  equal  the 
costs  of  the  garnishment,  whatever  r9mains  of  costs  shall  be 
paid  by  the  person  bringing  the  garnishment  proceedings,  and 
judgment  shall  be  entered  therefor  against  him,  and  no  judg- 
ment for  any  such  deficiency  of  costs  shall  go  against  the  wage- 
earner  or  the  defendant.  No  employer  so  served  with  garnish- 
ment shall  in  any  case  be  liable  to  answer  for  any  amount  not 
earned  by  the  wage-earner  at  the  time  of  the  service  of  th'^ 
writ  of  garnishment.  Before  bringing  suit  a  demand  in  writ- 
ing shall  first  be  made  upon  the  wage-earner  and  the  employer 
for  the  excess  above  the  amount  herein  exempted,  and  a  copy 
of  such  demand  shall  be  left  with  him  and  with  the  employer, 
having  endorsed  thereon  the  time  of  service,  at  least  twenty- 
four  hours  previous  to  bringing  such  suit.  Such  notice  shall 
be  filed  with  the  clerk  of  the  court,  with  the  manner  and  time 
of  the  service  of  the  same  endorsed  thereon,  and  the  return 
duly  sworn  to  before  some  officer  authorized  to  administer 
oaths,  before  it  shall  be  lawful  to  issue  a  summons  in  such  case, 
or  to  require  an  employer  to  answer  in  any  garnishee  pro- 
ceeding. Any  judgment  rendered  without  said  demand  being 
served  upon  the  wage-earner,  and  so  proven  and  filed  as  afore- 
said, shall  be  void.  The  excess  of  wages  shall  be  held  by  the 
employer,  subject  to  garnishment  by  the  creditor  serving  de- 
mand, for  five  (5)  days  after  such  service  of  demand. 


GARNISHMENT.  193 

Section  15.  No  person  shall  be  liable  as  garnishee  by  reason 
of  having  drawn,  accepted,  made  or  endorsed  any  negotiable 
instrument  when  the  same  is  not  due,  in  the  hands  of  the  de- 
fendant at  the  time  of  service  of  the  garnishee  summons,  or 
the  rendition  of  the  judgment. 

Section  16.  The  judgment  against  a  garnishee  shall  acquit 
him  from  all  demands  by  the  defendant  for  all  goods,  effects 
and  credits  i)aid,  delivered  or  accounted  for  by  the  garnishee 
by  force  of  such  judgment. 

Section  17.  If  the  person  summoned  as  garnishee  is  dis- 
charged, the  judgment  shall  be  no  bar  to  an  action  brought 
against  him  by  the  defendant  for  the  same  demand. 

Section  18.  In  case  of  the  death  of  a  person  served  as  gar- 
nishee, his  executor  or  administrator  may  be  made  a  party  and 
notified,  unless  his  appearance  is  entered,  as  in  the  ease  of  the 
death  of  a  defendant,  and  the  cause  may  proceed  against  him 
as  personal  representative  of  the  deceased. 

Section  19.  When  judgment  is  rendered  against  any  gar- 
nishee, and  it  shall  appear  that  the  debt  from  him  to  the  de- 
fendant is  not  yet  due,  execution  shall  not  issue  against  him 
until  twenty  days  after  the  same  shall  become  due,  unless  the 
party  asking  the  same,  or  his  agent,  shall  make  oath  that  he 
believes  the  debt  will  be  lost  unless  execution  issue  forthwith, 
in  which  case  execution  shall  issue  as  soon  as  said  debt  to  de- 
fendant is  due;  but  no  sale  of  property  under  such  execution, 
shall  take  place  until  after  the  expiration  of  twenty  days  from 
date  of  judgment. 

Section  20.  When  any  garnishee  has  any  goods,  chattels, 
choses  in  action  or  effects,  other  than  money,  belonging  to  the 
defendant,  or  which  he  is  bound  to  deliver  to  him,  he  shall 
deliver  the  same,  or  so  much  thereof  as  may  be  necessary,  to 
the  officer  who  shall  hold  the  execution  in  favor  of  the  plain- 
tiff in  the  attachment  suit  or  judgment,  which  shall  be  sold  by 
the  ofiieer  and  the  proceeds  applied  and  accounted  for  in  the 
same  manner  as  other  goods  and  chattels  taken  on  execution. 

Section  21.  When  it  shall  appear  that  such  goods,  chattels, 
choses  in  action,  or  effects,  in  the  hands   of  a  garnishee  are 

13 


104  PRACTICE    IN    THE    MUNICIPAI^    COURT. 

mortgaged,  or  pledged,  or  in  any  way  liable  for  the  payment 
of  a  debt  to  him,  the  plaintiff  may  be  allowed,  under  an  order 
of  the  court  for  that  purpose,  to  pay  or  tender  the  amount 
due  to  the  garnishee;  and  he  shall  thereupon  deliver  the  goods, 
chattels,  choses  in  action  and  effects,  in  the  manner  before 
provided,  to  the  officer  who  holds  the  execution. 

Section  22.  If  the  goods,  chattels,  choses  in  action  or  ef- 
fects are  held  for  any  purpoae,  other  than  to  secure  the  pay- 
ment of  money,  and  if  the  contract,  condition  or  thing  to  be 
performed^  is  such  as  can  be  performed  by  the  plaintiff  with- 
out damage  to  the  other  parties,  the  court  may  make  an  order 
for  the  performance  thereof  by  him.  Upon  such  performance 
or  a  tender,  the  garnishee  shall  deliver  the  goods,  chattels  and 
effects  in  the  manner  before  provided,  to  the  officer  who  holds 
the  execution. 

Section  23.  All  goods,  chattels,  choses  in  action  and  effects, 
received  by  the  officer  under  either  of  the  two  preceding  sec- 
tions shall  be  sold  and  disposed  of  in  the  same  manner  as  if 
they  had  been  taken  on  an  execution  in  any  other  manner,  ex- 
cept that  from  the  proceeds  of  the  sale  the  officer  shall  repay 
the  plaintiff  the  amount  paid  by  him  to  the  garnishee  for  the 
redemption  of  the  same,  with  interest  thereon,  or  shall  indem- 
nify the  plaintiff  for  any  other  act  or  thing  by  him  done  or 
performed  pursuant  to  the  order  of  the  court  for  the  redemp- 
tion of  the  same. 

Section  24.  When  it  shall  appear  that  any  garnishee  has 
in  his  hands,  or  under  his  control,  any  goods,  chattels,  choses 
in  action  or  effects,  belonging  to  or  which  he  is  bound  to  de- 
liver-to  the  defendant,  with  or  without  condition,  the  court 
may  make  any  and  all  proper  orders  in  regard  to  the  delivery 
thereof  to  the  proper  officer,  and  the  sale  or  disposition  of  the 
same,  and  the  discharging  of  any  lien  thereon,  and  may  au- 
thorize the  garnishee  to  sell  any  such  property,  or  collect  any 
choses  in  action,  and  account  for  the  proceeds  thereof;  or  the 
court  may  appoint  a  receiver  to  take  possession  and  sell,  col- 
lect or  otherwise  dispose  of  the  same,  and  make  all  orders  in 
regard  thereto  which  may  be  necessary  or  equitable  between 
the  parties. 


GARNISHMENT.  195 

Section  25.  If  any  garnishee  refuses  or  neglects  to  deliver 
any  goods,  chattels,  choses  in  action  or  effects  in  his  hands 
when  thereto  lawfully  required  by  the  court,  or  officer  having 
an  execution  upon  which  the  same  may  be  received,  he  shall 
be  liable  to  be  attached  as  for  a  contempt,  or  the  court  may 
enter  up  judgment  for  the  amount  of  the  plaintiff's  judgment, 
and  award  execution  thereon  against  the  garnishee. 

Section  26.  Nothing  contained  in  this  chapter  shall  pre- 
vent the  garnishee  from  receiving  any  goods,  chattels,  choses 
in  action  or  effects  in  his  hands  for  the  payment  of  any  de- 
mand for  which  they  are  mortgaged,  pledged  or  otherwise 
liable  at  any  time  before  the  amount  due  to  him  is  paid  or 
entered,  if  such  sale  would  be  authorized  as  between  him  and 
the  defendant. 

Section  27.  The  court  may  order  the  costs  of  the  proceed- 
ings in  any  garnishment  to  be  paid  by  the  plaintiff,  or  out  of 
the  effects  or  credits  garnisheed,  or  by  the  garnishee,  or  may 
apportion  the  same  as  shall  appear  to  be  just  and  equitable. 
The  garnishee  shall  be  entitled  to  fees  the  same  as  witnesses 
before  the  same  court  in  civil  cases. 

Section  28.  Any  final  order  or  judgment  rendered  by  the 
municipal  court  in  any  garnishee  proceeding  may  be  reviewed 
by  appeal  or  writ  of  error,  as  the  case  may  be,  in  the  same 
manner  as  other  orders  and  judgments  of  said  court  in  eases 
of  the  class  to  which  the  suit  in  which  said  garnishee  process 
is  issued  belongs. 

Section  34.  Whenever,  in  any  proceedings  in  the  municipal 
court,  to  subject  the  wagas  due  to  any  person  to  garnishment, 
it  shall  appear  that  such  person  is  a  non-resident  of  the  State 
of  Illinois,  that  the  wages  earned  by  him  were  earned  and 
payable  outside  of  the  State  of  Illinois,  the  said  person,  whose 
wages  are  so  sought  to  be  subjected  to  garnishment,  shall  be 
allowed  the  same  exemption  as  is  at  the  time  allowed  to  him  by 
the  law  of  the  State  in  which  he  so  resides. 

Section  34a.  "Wages  earned  out  of  this  State  and  payable 
out  of  this  State,  shall  be  exempt  from  attachment  or  garnish- 
ment in  all  cases  where  the  cause  of  action  arose  out  of  this 
State,  unless  the  defendant  in  the  attachment  or  garnishment 


196  PRACTICE    IN    THE    MUNICIPAL    COURT. 

suit  is  personally  served  with  process;  and  if  the  writ  of  at- 
tachment or  garnishment  is  not  personally  served  on  the  de- 
fendant, the  court  sliall  not  entertain  jurisdiction  of  the  cause, 
but  shall  dismiss  the  suit  at  the  cost  of  the  plaintiff. 

Section  35.  Hereafter  it  shall  be  lawful  to  summon  ad- 
ministrators and  executors  as  garnishees,  and  they  may  be 
gamisheed  with  respect  to  any  moneys,  goods,  chattels,  lands, 
tenements  or  other  estates  belonging  to  any  devisee  or  legatee 
under  any  will,  or  belonging  to  any  heir  or  distributee  of  any 
estate;  but  no  final  judgment  shall  be  rendered  against  such 
administrator  or  executor  until  after  an  order  of  distribution 
has  been  made  by  the  county  court,  out  of  which  his  letters  tes- 
tamentary or  of  administration  issued.  No  assignment,  trans- 
fer, or  other  disposition,  by  an  heir,  legatee  or  devisee  of  his 
distributive  share,  legacy  or  devise  in  the  hands  of  any  ad- 
ministrator or  executor  shall  operate  to  defeat  the  garnishment 
of  the  same  unless  the  said  assignment,  transfer,  or  other  dis- 
position is  reduced  to  writing  and  filed  in  the  office  of  the 
clerk  of  the  county  court  out  of  which  such  letters  testamentary 
or  of  administration  were  issued,  before  the  service  of  process  of 
garnishment  upon  such  administrator  or  executor. 

Section  36.  The  salary  or  wages  of  any  officer  or  any  per- 
son employed  by  any  county,  city,  town,  village,  school  dis- 
trict, or  any  department  of  either  thereof,  shall  be  liable  to 
process  of  garnishment  or  attachment  in  the  following  manner 
and  extent,  and  with  the  same  effect,  that  the  salary  or  wages 
of  any  other  pei'son  is  or  are  now  or  may  hereinafter  become 
under  any  provision  of  any  law  of  this  state  liable  to  such 
process. 

Section  37.  When  the  salary  or  wages  of  any  officer  of  such 
political  subdivision  or  department  thereof  is  or  are  sought  to 
be  attached  or  reached  by  such  process,  the  garnishee  summons 
or  writ  of  attachment  shall  be  served  upon  the  treasurer  or 
clerk  of  such  political  subdivision  or  department  thereof.  And 
in  all  other  cases  such  process  shall  be  served  upon  the  officer 
,or  head  of  department  or  the  presiding  officer  of  the  body  in 
which  office  or  department,  or  by  which  body,  the  person  whose 
salary  or  wages  sought  to  be  attached  or  garnisheed  is  employed, 
and  the  answer  shall  be  made  by  the  officer  or  person  upoa 


GARNISHMENT.  197 

"whom  such  service  is  made  or  by  some  other  officer  or  person 
having  knowledge  of  the  facts. 

Section  38.  The  officer  of  the  corporation  upon  whom  such 
garnishee  summons  have  been  served  shallj  within  ten  days 
from  the  date  of  service,  file  or  cause  to  be  filed,  with  the  clerk 
of  the  municipal  court  an  answer  under  oath,  stating  the 
amount  due  the  employe  whose  salary  or  wages  have  been  at- 
tached or  garnisheed,  the  amount  of  offset,  credits  or  set-off's, 
the  corporation  has  to  such  wages  or  salary  at  the  time  of  the 
service  of  the  summons;  he  shall  also  state  whether  such  em- 
ploye or  officer  whose  wages  or  salary  is  garnisheed,  is  the  head 
of  a  family  or  not,  and  he  shall  also  deposit  with  such  clerk 
the  amount  so  shown  to  be  due  and  unpaid  and  take  his  re- 
ceipt for  the  same,  and  thereupon  the  said  municipal  corpora- 
tion shall  be  relieved  of  any  further  connection  with  such  suit, 
and  the  receipt  so  taken  from  such  clerk  shall  become  a  voucher 
for  the  amount  so  paid,  the  same  as  if  taken  from  the  employe 
or  officer  whose  wages  or  salary  have  been  garnisheed,  and  as  a 
payment  to  him  in  person. 

Section  39.  As  soon  as  such  answer  of  such  officer  is  filed 
and  money  deposited  as  aforesaid,  the  court  shall  proceed  to 
try  the  rights  of  the  parties  to  such  deposit,  as  near  as  may 
be  in  the  manner  as  other  cases  of  garnishment. 

Section  40.  "When  such  officer  shall  be  summoned  to  answer 
in  any  place  other  than  where  he  resides  or  where  his  office 
is  located,  or  where  his  duties  are  usually  performed,  the 
plaintiff  shall  at  the  time  of  the  filing  of  the  affidavit  in  at- 
tachment or  the  affidavit  in  garnishment,  and  before  the  is- 
suing of  the  summons  in  such  case,  exhibit  and  file  in  the  court 
in  writing  allegations  and  interrogatories  on  which  he  desires 
to  obtain  and  compel  an  answer  from  such  garnishee,  touching 
the  wages  or  salary  of  any  such  officer  or  employe,  a  copy  of 
which  shall  be  delivered  to  the  garnisheed  at  the  time  of  the 
service  of  the  garnishee  summons  and  the  answer  of  said  gar- 
nishee shall  be  reduced  to  writing,  signed  by  him  and  verified 
by  his  affidavit,  in  which  ansAver  he  shall  fully  disclose  and 
answer  all  of  the  allegations  and  interrogatories  furnished  him 
at  the  time  of  the  service  of  the  summons,  and  he  shall  transmit 
the  same  to  the  court  within  ten  days  from  the  time  specified 
in  such  summons  for  answer. 


CHAPTEE  XI. 
BILLS  OF  PARTICULARS. 

Section  40  of  the  Municipal  Court  Act  provides  that  every 
pase  of  the  fourth  class  and  every  case  of  the  fifth  class,  except- 
ing attachment  suits,  replevin  suits,  cases  of  distress  for  rent, 
forcible  entry  and  detainer  suits  and  criminal  cases,  shall  be 
commenced  by  the  filing  by  the  plaintiff  with  the  clerk  of  a 
praecipe  for  a  summons,  and  a  bill  of  particulars  of  the  plain- 
tiff''s  claim,  which  bill  of  particulars,  if  the  suit  be  upon  a 
contract,  express  or  implied,  shall  consist  of  a  statement  of 
the  account  or  of  the  nature  of  the  demand,  or,  if  the  suit  be 
for  a  tort,  it  shall  consist  of  a  brief  statement  of  the  nature 
of  the  tort,  and  such  further  information  as  will  reasonably 
inform  the  defendant  of  the  nature  of  the  case  he  is  called 
upon  to  defend,  but  that  the  statute  shall  not  be  construed  to 
require  the  bill  of  particulars  iu  any  action  for  a  tort  to  set 
forth  the  cause  of  action  with  the  particularity  required  in  a 
declaration  at  common  law.  The  same  section  likewise  pro- 
vides that  in  cases  of  the  fourth  class,  and  in  cases  of  the  fifth 
class,  the  court  may  adopt  such  rules  and  regulations  as  it  may 
deem  necessary,  to  enable  the  parties,  in  advance  of  the  trial, 
to  ascertain  the  nature  of  the  plaintiff' 's  claim  or  claims  or  of 
the  defendant's  defense  or  defenses.  By  section  44  of  the  act 
it  is  provided  that  forms  of  praecipes,  entries  of  appearance, 
affidavits,  bonds,  attachment  writs,  replevin  writs,  petitions 
for  changes  of  venue,  and  all  other  papers  necessary  for  the 
use  of  the  parties  to  suits  in  the  court,  shall  be  prescribed 
by  the  chief  justice,  who  shall  also,  from  time  to  time,  prescribe 
and  cause  to  be  printed  forms  of  bills  of  particulars. 

It  is  obviously  the  intention  of  the  act  that  the  trial  and 
disposition  of  cases  of  the  fourth  class  and  cases  of  the  fifth 
class  shall  be  as  free  as  possible  from  technicalities,  and  that 
every  decision  of  the  court  shall  be  according  to  the  very  right 
and  justice  of  the  case  as  it  may  be  developed  by  the  evidence 
introduced  at  the  trial.  The  bill  of  particulars  is  not  intended 
to  operate  as  a  means  of  entrapping  the  plaintiff  into  a  position 

198 


BILLS   OF   PARTICULARS.         ^  199 

where  he  may  be  defeated  by  a  variance  between  the  plead- 
ings and  the  proofs.  It  is  not  unusual,  under  the  practice  in 
the  circuit  court,  for  a  plaintiff  with  a  meritorious  cause  of 
action  to  be  defeated  by  the  interposition  of  the  statute  of  limi- 
tations to  an  amended  declaration  filed  after  the  statute  of  lim- 
itations has  run.  This  cannot  occur  in  the  municipal  court.  It 
is  clearly  the  intention  of  the  act  that  the  chief  justice  shall 
prescribe  a  suitable  form  to  meet  every  possible  case;  that  this 
form  shall  be  general  in  its  nature  and,  when  once  prescribed, 
shall  not  be  subject  to  objection  by  the  parties  litigant 

Doubtless  it  will  be  urged  that  this  practice  will  be  unfair 
to  the  defendant,  that  the  defendant  is  entitled  to  know  the 
exact  nature  of  the  case  he  is  called  upon  to  meet  and  thus 
be  enabled  to  prepare  himself  for  his  defense,  and  that  hence  the 
bill  of  particulars  should  describe  the  plaintiff's  case  with  great 
accuracy.  Theoretically  this  sounds  very  well,  but,  when  the 
principle  thus  contended  for  is  applied  in  practice,  it  is  pro- 
ductive of  injustice.  Cases  are  extremely  rare  in  which  the 
defendant,  when  summoned,  is  not  as  fully  aware  of  the  na- 
ture of  the  plaintiff's  claim  as  is  the  plaintiff  himself.  It  is 
safe  to  say  that  not  one  case  out  of  ten  is  commenced  without 
a  previous  effort  on  the  part  of  the  plaintiff  to  secure  a  set- 
tlement of  his  claim,  and  during  the  negotiations  for  such  set- 
tlement, as  a  rule,  each  party  becomes  familiar  with  the  conten- 
tions of  the  other. 

Again,  to  demand  of  every  litigant,  in  advance  of  the  trial, 
a  complete  and  accurate  statement  of  his  claim  or  defense  in 
the  form  of  a  pleading  necessitates  the  exercise  of  a  degree  of 
professional  skill  which  many  of  the  lawyers  practicing  at  the 
bar  do  not  possess.  Persons  having  small  claims  are  not  always 
able  to  employ  the  best  grade  of  legal  talent,  and  should  not 
be  made  to  suffer  from  the  want  of  knowledge  or  experience 
of  the  gentlemen  of  the  bar,  whom  the  supreme  court  has  ad- 
mitted to  practice  and  thus  stamped  as  competent  to  exercise 
the  duties  of  their  profession.  The  machinery  of  the  court 
should  be  so  adjusted  as  to  lead  to  a  determination  according 
to  the  very  right  and  justice  of  each  case,  regardless  of  the 
mistakes  of  lawyers  or  other  officers  of  the  court. 

But  whatever  objection  might  otherwise  be  urged  to  the 
proposition  that  a  bill  of  particulars  should  be  limited  to  a 


200  PRACTICE    IN    THE    MUNICIPAL    COURT. 

mere  general  statement  of  the  nature  of  the  case,  is  obviated 
by  the  provision  of  section  32  by  the  terms  of  which  the  court, 
at  any  time  before  the  trial,  may  permit  the  filing  of  inter- 
rogatories to  be  answered  by  any  party  to  the  suit,  or  any  per- 
son for  whose  immediate  benefit  the  suit  is  prosecuted  or  de- 
fended, or  by  the  directors,  officers,  superintendent  or  man- 
aging agents  of  any  corporation  which  is  a  party  to  the  record, 
at  the  instance  of  the  adverse  party  or  parties.  If,  therefore, 
in  any  case  the  defendant  wishes  more  particular  information 
than  that  conveyed  by  the  bill  of  particulars,  he  can  procure 
it  through  interrogatories  which  the  plaintiff  will  be  bound 
to  answer  under  oath.  The  answers  to  these  interrogatories 
will  not  be  statements  which,  like  those  in  a  bill  of  particulars, 
can  be  changed  to  suit  the  course  of  events  in  the  suit,  but 
will  be  statements  made  under  oath  by  the  plaintiff  and  bind- 
ing upon  him. 

It  would  be  impracticable  at  the  present  time  to  prepare 
forms  of  bills  of  particulars  to  meet  every  case  which  might 
arise.  That  may,  and  doubtless  will  be,  done  by  whoever  may 
fill  the  office  of  chief  justice,  after  experience  has  taught  what 
is  the  best  practice  to  adopt  in  reference  to  the  matter.  In  the 
present  work  only  a  sufficient  number  of  forms  have  been  pre- 
pared to  answer  the  purpose  of  the  judges  and  the  profession 
in  the  early  stages  of  the  court's  existence,  and  before  the  chief 
justice  has  been  able,  because  of  the  vast  amount  of  work  im- 
posed upon  him,  to  perform  his  duty  with  respect  to  prepar- 
ing forms  of  bills  of  particulars.  When  a  bill  of  particulars  is 
filed  with  the  praecipe  at  the  commencement  of  the  suit,  they 
may  be  united  in  one  paper  as  follows: 

State  of  Illinois,  ^ 

City  of  Chicago,  >  ss.  In  the  Municipal 

First  District.       )  Court  of  Chicago. 


] 


John  Doe 

V.  y  Contract.  No.  1005. 

Richard  Roe.  )  Damages  $1,000. 

To  the  Clerk: 

Please  issue  a  summons  returnable  at  10  a.  m.  sharp  on  Jan- 
uary 10,  1907.  John  Smith, 

Plaintiff's  Attorney. 


BILLS   OF  PARTICULARS.  201 

BILL  OF  PARTICULARS. 

Plaintiff's  claim  is  for  the  breach  of  a  promise  made  by  de- 
fendant on  or  about  January  1,  1905,  to  marry  the  plaintiff. 

John  Smith, 
Plaintiff's  Attorney. 

MEMORANDA  FOR  BAILIFF. 

Name  op  Defendant.         Residence.        Where  to  be  Found. 

Richard  Roe.  2240  Michigan  Ave.  17  Wabash  Ave. 

Other  forms  of  bills  of  particulars  which  may  be  suggested 
are  the  following: 

FIRST— IN  ACTIONS  ON  CONTRACTS  NOT  IN 
WRITING. 

1.  Goods  Sold  and  Delivered. 

Plaintiff's  claim  is  for  goods  sold  and  delivered  by  plaintiff* 
to  defendant  as  follows,  to-wit: 

Jan.  10,  1905,  1  barrel  of  flour $4.00 

Jan.  15,  1905,  1  ton  hard  coal 8.00 

Total    $12.00 

(If  partial  payments  on  account  have  been  made  by  the  de- 
fendant, or  the  defendant  is  entitled  to  other  credits,  the  dates 
and  amounts  thereof,  and  the  balance  due  plaintiff,  after  de- 
ducting credits,  should  be  specified.) 

2.  Goods  Bargained  and  Sold. 

Plaintiff's  claim  is  for  goods  bargained  and  sold  by  plain- 
tiff to  defendant  as  follows,  to-wit: 

(Here  describe  articles  sold,  giving  dates,  amounts,  prices 
and  total,  and  also  specifying  credits.) 

3.     Labor  and  Services. 

Plaintiff's  claim  is  for  labor  and  services  furnished  by  plain- 
tiff to  defendant  as  follows,  to-wit: 

(Here  describe  the  labor  and  services  and  state  amount  or 
amounts  claimed  therefor.) 


202  practice  in  the  municipal  court. 

4.     Work  and  Materials. 

Plaintiff's  claim  is  for  work   performed  for  and  materials 

furnished  to  defendant  by  plaintiff  as  follows,  to-wit: 

(Here   specify   work   done   and    materials    furnished    with 

amounts  charged  therefor.) 

I 
5.    Money  Loaned. 

Plaintiff's  claim  is  for  money  loaned  by  plaintiff  to  defend- 
ant, as  follows: 

(Here  describe  amounts  loaned,  dates  when  loaned  and  the 
rate  of  interest,  if  any,  which  plaintiff  claims.) 

6.  Money  Expended. 

Plaintiff's  claim  is  for  money  paid  and  expended  by  plain- 
tiff for  defendant  as  follows: 

(Here  state  amounts  expended,  dates  when  expended,  and 
the  purpose  for  which  expended.) 

7.  Money  Received. 

Plaintiff's  claim  is  for  money  received  by  defendant  for  the 
use  of  plaintiff  as  follows: 

(Here  specify  amounts  received,  dates  when  received  and 
sources  whence  received.) 

8.  Account  Stated. 

Plaintiff's  claim  is  for  the  sum  of  (here  insert  amount),  due 
from  defendant  to  plaintiff  upon  an  account  stated  between 
them  on  or  about  (here  insert  date). 

9.    Board  and  Lodging. 

Plaintiff's  claim  is  for  board  and  lodging  furnished  by  plain- 
tiff to  defendant  as  follows,  to-wit: 

(Here  specify  periods  during  which  board  and  lodging  were 
furnished  and  amounts  charged  therefor.) 

10.    Hire  op  Horses,  Carriages,  &c. 

Plaintiff's  claim  is  for  the  use  and  hire  of  a  horse  (or  of  a 
horse  and  carnage,  or  horses,  or  horses  and  carriages,  &c.)  as 
follows,  to-wit: 

(Here  specify  dates  of  hiring,  what  was  hired  and  charges 
made  therefor.) 


bills  of  particulars.  203 

11.     Care  and   Keeping  op  Horses,  Cattle  and  Other 

Animals. 
Plaintiff's  claim  is  for  the  care  and  keeping  by  the  plaintiff 
for  the  defendant  of  horses    (or  cattle,  or  sheep,  &c.,  &c.)   as 
follows : 

(Here  specify  number  of  animals  kept  and  cared  for,  the 
periods  during  which  they  were  kept  and  cared  for  and  the 
charges  made  therefor.) 

12.  Physician's  Bill. 

Plaintiff's  claim  is  for  medical  attendance,  advice  and  medi- 
cines furnished  by  the  plaintiff  to  defendant  as  follows: 

(Here  specify  visits,  consultations  and  medicines,  giving 
dates  and  charges  made  therefor.) 

13.  Attorney's  Bill. 

Plaintiff's  claim  is  for  professional  services  rendered  and 
moneys  paid  out  by  the  plaintiff  as  an  attorney  at  law  for  the 
defendant  as  follows: 

(Here  specify  services  rendered  and  moneys  paid  out  and 
charges  made  for  services.) 

14.  Storage  of  Goods. 
Plaintiff's  claim  is  for  the  storage  by  the  plaintiff  from  Jan. 
1,  1905,  to  March  1,  1905,  in  the  plaintiff's  warehouse  at  No.  5 
Wabash  avenue,  Chicago,  of  personal  property  for  the  defend- 
ant, said  personal  property  being  the  following:  (Here  de- 
scribe personal  property  by  some  general  description,  such  as 
household  goods,  grain,  &c.) 

15.    Use  and  Occupation. 
Plaintiff's  claim  is  for  the  use  and  occupation  by  the  defend- 
ant from  Jan.  1,  1905,  to  March  1,  1905,  of  the  following  de- 
scribed premises:      (Here   describe  premises.) 

16.    Warranty. 

Plaintiff's  claim  is  for  a  warranty  made  by  the  defendant 
on  or  about  Jan.  1,  1906,  of  the  soundness  of  a  certain  horse 
(or  such  other  warranty  as  may  have  been  made). 

17.     Breach  of  Promise  op  Marriage. 
Plaintiff's  claim  is  for  the  breach  of  a  promise  made  by  de- 
fendant on  or  about  Jan.  1.  1905,  to  marry  the  plaintiff. 


204  practice  in  the  municipal  court. 

18.     For  Injury  to  Property  Hired. 
Plaintiff's  claim   is  for  the   injury  by  the  defendant  of  a 
horse  hired  by  the  defendant  from  the  plaintiff  on  or  about 
Jan.  1,  1905. 

19.  For  Injury  to  or  Loss  of  Goods  Delivered  to  a  Com- 
mon Carrier. 
Plaintiff's  claim  is  for  the  loss  of  (or  injury  to)  the  follow- 
ing goods,  wares  and  merchandise,  delivered  by  the  plaintiff 
to  the  defendant  on  or  about  Jan.  1,  1905,  to  be  carried  by  the 
defendant,   to-wit:      (Here  describe  goods.) 

20.     Non-acceptance  of  Goods  Sold. 
Plaintiff's  claim  is  for  the  refusal  by  the  defendant  to  ac- 
cept the  following  goods  sold  by  plaintiff  to  defendant  on  or 
about  Jan.  1,  1905,  to-wit:     (Here  describe  goods.) 

21.    Non-acceptance  of  Goods  Made  for  Defendant. 
Plaintiff's  claim  is  for  the  refusal  by  the  defendant  on  or 
about  Jan.  1,  1905,  to  accept  the  following  goods  made  by  the 
plaintiff  for  the  defendant,  to-wit;     (Here  describe  goods.) 

22.     Non-delivery  of  Goods. 
Plaintiff's  claim  is  for  the  failure  by  the  defendant  to  de- 
liver on  or  about  Jan.  1,  1905,  the  following  goods  purchased 
(or  agreed  to  be  purchased)  by  plaintiff  from  the  defendant, 
to-wit:     (Here  describe  goods.) 

23.     Goods  Sold  to  Third  Person. 

Plaintiff's  claim  is  for  goods  sold  by  plaintiff  to  A  B  at  de- 
fendant's request  as  follows:  (Here  describe  articles  sold, 
giving  dates,  amounts  and  total,  also  specifying  credits.) 

SECOND— IN  ACTIONS   ON  CONTRACTS   IN  WRITING. 
1.     Promissory  Notes. 

Plaintiff's  claim  is  for  the  amount  due  him  as  payee  (or 
endorsee  or  bearer,  as  the  case  may  be)  against  the  defendant 
as  maker  (or  endorser  or  guarantor,  as  the  case  may  be)  of 
a  promissory  note,  of  which  and  of  the  endorsements  thereon 
the  following  is  a  copy:  (Here  give  copy  of  note  and  of  the 
endorsements  thereon.) 

If  there  are  several  defendants  who  are  severally  liable  but 


BILLS   OF   PARTICULARS.  205 

who  may  be  sued  together  under  the  Act  of  1895  (Laws  of 
1895,  p.  262,  paragraph  7a,  p.  1408,  Plurd's  R.  S.  of  1905,  chap- 
ter 98),  the  form  of  the  above  bill  of  particulars  should  be 
varied  accordingly.    It  may  be  as  follows: 

Plaintiff's  claim  is  for  the  amount  due  him  as  payee  (or  en- 
dorsee or  bearer,  as  the  case  may  be),  against  the  defendant 

as  maker  and  against  the  defendant 

as  endorser  of  a  promissory  note  of 

which  and  of  the  endorsements  thereon  the  following  is  a  copy: 
(Here  give  copy  of  note  and  of  the  endorsements  thereon.) 

2.     Bills  of  Exchange, 

Plaintiff's  claim  is  for  the  amount  due  him  as  payee  (or 
drawer  or  endorser,  as  the  case  may  be),  against  the  defendant 
as  drawer  (or  acceptor  or  prior  endorsee,  as  the  case  may  be), 
of  a  bill  of  exchange  of  which  and  of  the  endorsements  thereon 
the  following  is  a  copy:  (Here  give  copy  of  bill  and  of  the  en- 
dorsements thereon.) 

If  there  are  several  defendants  who  are  severally  liable  but 
who  may  be  sued  together  under  the  Act  of  1895,  (Laws  of  1895, 
p.  262,  paragraph  7a,  p.  1408,  Hurd's  R.  S.  of  1895,  Chapter 
98),  the  form  of  the  above  bill  of  particulars  should  be  varied 
accordingly. 

3.    Lease  of  Real  Estate. 

Plaintiff's  claim  is  as  lessor  against  defendant  as  lessee  under 
a  lease  of  which  the  following  is  a  copy:  (Here  insert  copy  of 
lease.) 

The  claim  is  for  non-payment  of  rent  (or  such  other  breach 
as  plaintiff  sues  for). 

Instead  of  the  foregoing  containing  a  copy  of  the  lease,  the 
following  will  be  sufficient: 

Plaintiff's  claim  is  as  lessor  against  defendant  as  lessee  for 
rent  under  a  lease  in  writing  between  plaintiff  and  defendant 
dated  (here  give  date)  of  the  following  described  premises 
(here  describe  premises). 

The  claim  is  for  non-payment  of  rent  (or  such  other  breach 
as  plaintiff  sues  for). 

4.    Policy  of  Life  Insurance. 
Plaintiff's  claim  is  against  defendant  as  insurer  by  plaintiff 
as  beneficiary  (or  assignee  as  the  case  may  be),  in  a  life  insur- 


206  PRACTICE    IN    THE    MUNICIPAL    COURT. 

ance  policy  of  which  the  following  is  a  copy:  (Here  insert 
copy.) 

The  liability  of  the  defendant  is  on  account  of  the  death 
of  the  insured  (or  on  account  of  the  maturity  of  the  policy,  as 
the  case  may  be),  January  1,  1905. 

Instead  of  the  foregoing,  containing  a  copy  of  the  policy,  the 
following  will  be  sufficient: 

Plaintiff's  claim  is  against  defendant  as  insurer  by  plaintiff 
as  beneficiary  (or  assignee,  as  the  case  may  be),  in  an  insur- 
ance policy  issued  by  the  defendant  numbered , 

dated ,  for  the  amount  of Dol- 
lars insuring  the  life  of 

The  liability  of  the  defendant  is  on  account  of  the  death  of 
the  insured  (or  on  account  of  the  maturity  of  the  policy,  as  the 
case  may  be),  January  1,  1905. 

5.     Policy  of  Fire  Insurance. 

Plaintiff's  claim  is  as  insured  against  defendant  as  insurer 
in  a  fire  insurance  policy,  of  which  the  following  is  a  copy: 
(Here  insert  copy.) 

The  liability  of  defendant  is  on  account  of  a  fire  occurring  on 
the day   of ,   A.  D.   190. 

Instead  of  the  foregoing,  containing  a  copy  of  the  policy, 
the  following  will  be  sufficient: 

Plaintiff's  claim  is  as  insured  against  defendant  as  insurer 

in  a  fire  insurance  policy  numbered ,  dated 

,  for  the  sum  of Dollars,  insur- 
ing plaintiff 's  personal  property  at 

(Here  give  location  of  personal  property.) 

The  liability  of  defendant  is  on  account  of  a  fire  occurring 
on  the day  of ,  A.  D.  190. . 

6.     Special  Contract  in  Writing. 

Plaintiff's  claim  is  for  the  breach  by  the  defendant  of  a  eon- 
tract  in  writing,  a  copy  of  which  is  as  follows:  (Here  insert 
copy.) 

The  breach  consisted  in  the  non-payment  by  the  defendant  to 
the  plaintiff  of  the  amount  required  to  be  paid  under  said  con- 
tract. 


bills  of  particulars.  207 

7.  An  Award  in  Writing. 

Plaintiff's  claim  is  for  non-performance  by  defendant  of  an 
award  of  arbitrators  in  writing  of  which  the  following  is  a 
copy:     (Here  insert  copy.) 

The  non-performance  consisted  in  the  failure  of  defendant  to 

pay  the  amount  awarded   (or of  the  amount 

awarded,  as  the  case  may  be). 

8.  A  Judgment  Recovered. 

Plaintiff's   claim  is   for  a  judgment   recovered   by   plaintiff 

against  defendant  on  the day  of ,  A.  D. 

,   in  the  circuit  court  of   Cook  county,  Illinois,  for 

$500  and  costs  of  suit  in  case  general  number in 

said  court. 

9.     An  Appeal  Bond. 

Plaintiff 's  claim  is  on  an  appeal  bond  of  which  the  following  is 
a  copy:     (Here  insert  copy.) 

The  breach  sued  for  is  the  non-payment  by  the  defendant  of 
the  amount  of  the  judgment  and  costs  mentioned  in  the  bond 
(or  for  non-performance  of  the  decree  appealed  from,  as  the 
case  may  be). 

Instead  of  the  foregoing  containing  a  copy  of  the  appeal 
bond  the  following  will  be  sufficient: 

Plaintiff's  claim  is  upon  an  appeal  bond  in  the  penal  sum  of 

dated ,    executed   by   defendants 

in  the  case  of  (here  give  title  of  case)  in  the  circuit  court  of 
Cook  county,  the  breach  being  the  non-payment  of  the  judg- 
ment and  costs  mentioned  in  the  bond  (or  non-performance  of 
the  decree  appealed  from,  as  the  case  may  be.) 

10.     An  Attachment  Bond. 

Plaintiff's  claim  is  on  an  attachment  bond  of  which  the  fol- 
lowing is  a  copy:      (Here  insert  copy.) 

The  breach  sued  for  is  the  failure  of  the  defendant  (name  of 
principal  defendant)  to  prosecute  his  attachment  suit  with  effect 
and  also  his  failure  to  pay  and  satisfy  the  plaintiff  the  damages 
awarded  for  wrongfully  suing  out  the  attachment. 

Instead  of  the  foregoing,  containing  a  copy  of  the  attach- 
ment bond,  the  following  will  be  sufficient : 

Plaintiff's  claim  is  upon  an  attachment  bond  in  the  penal 


208  PRACTICE    IN    THE   MUNICIPAL    COURT. 

sum  of dated ,  executed  by 

defendants  in  the  case  of  (here  give  title  of  case)  in  the  circuit 
court  of  Cook  county,  the  breach  being  failure  of  the  defend- 
ant (name  of  principal  defendant)  to  prosecute  his  suit  with  ef- 
fect and  also  for  non-payment  of  the  costs  of  suit  and  the  dam- 
ages awarded  for  wrongfully  suing  out  of  the  attachment. 

11.    A  Forthcoming  Bond. 

Plaintiff's  claim  is  on  a  forthcoming  bond  of  which  the  fol- 
lowing is  a  copy:     (Here  insert  copy.) 

The  breach  sued  for  is  the  failure  of  the  defendant  (here  in- 
sert name)  to  surrender  the  nroperty  attached  to  answer  the 
judgment. 

Instead  of  the  foregoing,  containing  a  copy  of  the  forthcom- 
ing bond,  the  following  will  be  sufficient: 

Plaintiff's  claim  is  upon  a  forthcoming  bond  in  the  penal 
sum  of ,  dated ,  executed  by  de- 
fendants in  the  case  of  (here  give  title  of  case)  in  the  circuit 
court  of  Cook  county,  the  breach  being  the  failure  of  defend- 
ant (name  of  principal  defendant)  to  surrender  the  property  at- 
tached to  answer  the  judgment. 

12.    A  Surety  Bond. 

Plaintiff's  claim  is  on  a  surety  bond  of  which  the  following  is 
a  copy:     (Here  insert  copy.) 

The  breach  sued  for  is  the  non-payment  by  the  defendants  of 
moneys  of  the  plaintiff  wrongfully  converted  by  the  defendant 
during  the  period  covered  by  the  bond. 

Instead  of  the  foregoing,  containing  a  copy  of  the  surety 
bond,  the  following  will  be  sufficient: 

Plaintiff's  claim  is  upon  a  surety  bond  in  the  penal  sum  of 

,  dated ,  and  numbered 

executed  by  defendants  for  and  on  behalf  of  the 

defendant  (name  of  principal  defendant)  the  breach  being  the 
non-payment  of  moneys  of  the  plaintiff  wrongfully  converted  by 
the  defendant  (here  insert  name)  during  the  period  covered  by 
the  bond. 


BILLS   OP   PARTICULATES.  209 

THIRD.    IN  CASES  OF  WILFULLY  INFLICTED 
INJURIES. 

1,    Malicious  Prosecution. 

Plaintiff's  claim  is  for  being  maliciously  prosecuted  by  de- 
fendant on  a  charge  of  larceny  (or  such  other  offense  as  the 
prosecution  may  have  been  based  on)  through  indictment  in 
the  criminal  court  of  Cook  county,  the  prosecution  being  ter- 
minated January  1,  1907. 

2.    False  Imprisonment. 

Plaintiff's  claim  is  for  being  falsely  imprisoned  from  Jan- 
uary 1,  1907,  to  January  2,  1907,  by  defendant  without  due 
process  of  law. 

3.    Assault  and  Battery. 

Plaintiff's  claim  is  for  an  assault  and  battery  committed  by 
defendant  upon  plaintiff  on  Wabash  avenue,  near  Madison 
street,  on  or  about  January  1,  1907. 

4.     Slander. 

Plaintiff's  claim  is  for  slander  uttered  by  defendant  on  or 
about  January  1,  1907,  consisting  of  the  following  words,  to- 
wit:     (Here  set  forth  slanderous  words.) 

5.    Libel. 

Plaintiff's  claim  is  for  the  following  libellous  publication 
made  by  the  defendant:     (Here  insert  libel  as  published.) 

6.     Keeping  Mischievous  Animals. 

Plaintiff's  claim  is  for  the  keeping  by  defendant  of  a  dog 
known  to  be  vicious  which  bit  the  plaintiff  on  or  about  Jan- 
uary 1,  1907. 

7.     Criminal  Conversation. 

Plaintiff's  claim  against  defendant  is  for  criminal  conversa- 
tion with  plaintiff's  wife  on  or  about  January  1,  1907. 

8.     Debauching  Servant. 

Plaintiff's  claim  against  defendant  is  for  debauching  plain- 
tiff''s  servant  A  B  on  or  about  January  1,  1907. 

14 


210  practice  in  the  municipal  court. 

9.     Enticinq  Away  Apprentice. 
Plaintiff's    claim    against    defendant    is    for    enticinj?   away 
plaintiff's  apprentice  A  B  on  or  about  January  1,  1907. 

10.     Conversion  of  Personal  Property. 
Plaintiff's  claim  is  for  the  conversion  by  the  defendant,  on 
or  about  January  1,  1907,  of  personal  property  of  the  plain- 
tiff, consisting  of  a  horse  and  wagon. 

FOURTH.     IN    CASES    OF    STATUTORY    LIABILITIES. 
1.     Under  Dramshop  Act. 

Plaintiff's  claim  is  for  selling  liquor  from  about  January-  1, 
1907,  to  March  1,  1907,  by  defendant  to  plaintiff's  husband, 
John  Doe,  resulting  in  plaintiff's  injury  in  her  person  (or 
property,  or  means  of  support,  or  person,  property  and  means 
of  support,  as  the  case  may  be). 

Plaintiff' 's  claim  is  for  selling  liquor  from  about  January  1, 
1907,  to  about  March  1,  1907,  by  defendant's  lessee,  Richard 
Roe,  to  plaintitt"s  husband,  John  Doe,  resulting  in  plaintiff's 
injury  in  her  person  (or  property  or  means  of  support,  or  per- 
son, property  and  means  of  support,  as  the  case  may  be). 

Plaintiff's  claim  is  against  A  B,  as  lessee,  and  C  D,  as  lessor, 
for  selling  liquor  from  about  January  1,  1907,  to  about  March 
1,  1907,  by  A  B  to  plaintiff's  husband,  John  Doe,  resulting  in 
injury  in  her  person  (or  property  or  means  of  support,  or  per- 
son, property  and  means  of  support,  as  the  case  may  be). 

2.     Under  Mining  Laws. 

Plaintiff's  claim  is  for  defendant's  failure  to  keep  a  passage- 
way in  defendant's  coal  mine  in  safe  condition,  resulting  in 
plaintift"s  injury  on  or  about  January  1,  1907. 

Plaintiff' 's  claim  is  for  defendant's  failure  to  keep  a  pas- 
sageway in  defendant's  coal  mine  in  safe  condition,  resulting  in 
the  death  of  plaintiff' 's  intestate,  on  or  about  January  1,  1907. 

3.     Under  Fire  Escape  Act, 

Plaintiff's  claim  is  for  defendant's  failure  to  provide  fire- 
escapes  on  defendant's  building,  No.  150  Madison  street,  result- 
ing in  plaintiff's  injury,  on  or  about  January  1,  1907. 

Plaintiff's  claim  is  for  defendant's  failure  to  provide  fire- 
escapes  on  defendant's  building,  No.  150  Madison  street,  result- 


BILLS   OP   PARTICULARS.  211 

iiig  in  the  death  of  plaintiff's  intestate,  on  or  about  January  1, 
1907. 

4.     Under  Replevin  Act  Against  Sheriff. 

Plaintiff's  claim  is  against  defendant  as  sheriff  for  defend- 
ant's failure  to  take  a  replevin  bond,  on  or  about  January  1, 
1907,  in  the  case  of  John  Smith  v.  John  Jones,  Gen.  No. 
275,496,  in  the  circuit  court  of  Cook  county. 

Plaintiff's  claim  is  against  the  defendant  as  sheriff  for  de- 
fendant's taking  an  insufficient  replevin  bond  on  or  about 
January  1,  1907,  in  the  case  of  John  Smith  v.  John  Jones,  Gen. 
No.  275,496,  in  the  circuit  court  of  Cook  county. 

5.     Against   the   Defendant   Upon   an   Unpaid   Stock   Sub- 
scription. 
Plaintiff's  claim  is  against  the  defendant  on  a  subscription 
made  on  or  about  January  1,  1907,  for  fifty  shares  of  the  cap- 
ital stock  of  the  Peerless  Motor  Company. 

6.     Against   a   Director   of   a   Corporation. 

Plaintiff's  claim  is  against  the  defendant  as  a  director  of 
the  Peerless  Motor  Company  under  Section  16  (or  Section  19, 
as  the  case  may  be),  of  Chapter  32  of  the  Revised  Statutes, 
the  plaintiff  being  a  creditor  of  said  corporation  to  the  amount 
of  one  thousand  dollars  ($1,000),  his  claim  against  the  corpo- 
ration being  (here  describe  claim). 

7.  Against    the    Defendant    to    Recover    Money    Lost    by 

Gambling. 

Plaintiff's  claim  is  for  money  lost  by  plaintiff  to  the  de- 
fendant in  gambling  on  or  about  January  1,  1907. 

8.  Against  the  Defendant  to  Recover  Treble  the  Amount 

OF  Money  Lost  by  Gambling. 
Plaintiff's  claim  is  for  treble  the  amount  of  money  lost  by 
John  Smith  to  the  defendant  by  gambling  on  or  about  January 
1,  1907. 

9.  Against  the  Defendant  Under  the  Civil  Rights  Law. 
Plaintiff's  claim  is  against  defendant,  as  the  keeper  of  the 

Auditorium  Annex,  for  denying  plaintiff'  the  full  and  equal  en- 
joyment allowed  other  persons  of  the  privileges  of  said  Audi- 
torium Annex  on  or  about  the  first  day  of  January,  1907. 


212  practice  in  the  municip.vl  court. 

10.  Against  the  Defendant  Under  the  Railroad  and  Ware- 

house Act. 
Plaintiff's  claim  is  to  recover  treble  damages  with  costs  and 
attorney's  fees  for  extortionate  charges  made  by  defendant  to 
plaintiff,  being  the  sum  of  one  hundred  dollars  ($100),  on  or 
about  January  1,  1907. 

11.  Against  the  Defendant  for  Propelling  a  Steam  Engine 

Upon  the  Public  Highway. 
Plaintiff's  claim  is  against  the  defendant  for  injuries  to  his 
person  caused  by  defendant's  propelling  a  steam  engine  upon 
Madison  street  near  Dearborn  street,  on  or  about  January  1, 
1907,  in  violation  of  the  act  entitled  "An  Act  to  protect  per- 
sons and  property  from  steam  engines  on  public  highways," 
in  force  July  1,  1885. 

12.  Against  the   Defend^vnt  for  Propelling  an  Automo- 

bile Upon  a  Public  Highvv^ay. 
Plaintiff's  claim  is  against  defendant  for  personal  injuries 
received  by  plaintiff  in  Madison  street  near  State  street,  on 
or  about  January  1,  1907,  through  defendant's  propelling  an 
automobile  in  violation  of  the  act  entitled  "An  Act  to  regulate 
the  speed  of  automobiles  and  other  horseless  conveyances  upon 
public  streets,  roads  and  highways  of  the  State  of  Illinois," 
in  force  July  1,  1903. 

13.  Against  the  Defendant  for  Unlawfully  Obstructing  a 

Highway. 

Plaintiff's  claim  is  against  defendant  for  injuries  to  his  per- 
son received  in  State  street  near  Madison  street,  on  or  about 
January  1,  1907,  through  the  obstruction  by  the  defendant  of 
the  highway  in  violation  of  the  act  entitled  "An  Act  concern- 
ing travel  upon  public  highways,"  in  force  July  1,  1895. 

FIFTH.     IN  ACTIONS  FOR  NEGLIGENCE. 

1.    Collision  With  Street  Car,  RAUiWAY  Car,  Wagon,  Auto- 
mobile OR  Other  Con^veyance. 

Plaintiff's  claim  is  for  injuries  to  his  person  and  to  his  horse 
and  wagon  occurring  on  or  about  Januarj^  1,  1907,  in  State 
street  at  or  near  its  intersection  with  Madison  street,  by  a  col- 
lision  with   defendant's   grip   ear    (or  railway  engine  or  car. 


BILLS    OF   PARTICULAES.  213 

■wagon,  automobile  or  other  conveyance),  caused  by  defendant's 
negligence. 

2.    Injuries  to  Passengers. 

Plaintiff's  claim  is  for  an  injury  to  bis  person  received  on 
or  about  January  1,  1907,  while  a  passenger  on  defendant's 
railway  car  on  the  way  from  Chicago  to  Milwaukee,  through 
a  collision  of  cars  (or  the  derailing,  or  overturning,  or  sudden 
stopping,  or  sudden  starting  of  the  car),  occasioned  through 
defendant's  negligence. 

Plaintiff's  claim  is  for  injuries  to  his  person  received  about 
January  1,  1907,  while  about  to  enter  defendant's  street  car 
in  State  street  near  Madison  street,  caused  by  the  sudden  start- 
ing of  the  car  through  defendant's  negligence. 

Plaintiff's  claim  is  for  an  injury  to  his  person  received  on 
or  about  January  1,  1907,  in  State  street  near  Madison  street, 
while  about  to  alight  from  defendant's  street  car  in  State  street 
near  Madison  street,  caused  by  the  sudden  starting  of  the  car 
through  defendant's  negligence. 

3.     Injuries  to  Employees  by  Machinery. 
Plaintiff's  claim  is  for  an  injury  to  his  hand  on  or  about 
January  1,  1907,  in  defendant's  factory  at  Randolph  street  and 
Fifth  avenue,  occasioned  by  defendant's  negligence. 

4.  Against  Common  Carriers  for  Loss  op  or  Injury  to  Per- 

sonal Property. 
Plaintiff's  claim  is  against  defendant  as  a  common  carrier 
for  the  loss  of  (or  injury  to)  the  following  property  (here  de- 
scribe property)  on  or  about  January  1,  1907. 

5.  Against  Innkeeper  for  Loss  of  or  Injury  to  Personai^ 

Property. 

Plaintiff's  claim  is  against  defendant  as  an  innkeeper  for  the 
loss  of  (or  injury  to)  the  following  personal  property  (here 
describe  property),  on  or  about  January  1,  1907. 

6.     Against  An  Attorney  for  Negligence. 

Plaintiff's  claim  is  against  defendant  as  an  attorney  for  neg- 
ligence in  conducting  the  case  of  John  Doe  v.  Richard  Roe,  Gen, 
No.  275,496,  in  the  circuit  court  of  Cook  county,  from  about 
January  1,  1905,  to  about  January  1,  1907. 


214  PRACTICi;    IX    THE    MUNICIPAL    COURT. 

Plaintiff's  ehiini  is  a«irainst  defeudant  as  an  attorney  for  neg- 
ligence in  advising  plaintiff  on  or  about  January  1,  1907,  in 
respect  to  a  certiiin  contract  between  John  Doe  and  Richard 
Roe. 

Plaintiff-'s  claim  is  against  defendant  as  an  attorney  for 
negligence,  on  or  about  January  1,  1907,  in  examinin<;  the  title 
to  Lot  one  (1),  in  Block  one  (1)   in  the  city  of  Chicago. 

7.     Against  a  Sheript  for  Negligence. 

Plaintiff' 's  claim  is  against  di^fendant  as  sheriff'  for  negli- 
gence on  or  about  January  1,  1907,  in  respect  to  the  service  of 
a  summons  upon  the  defendant  in  the  case  of  John  Doe  v.  Rich- 
ard Roe,  Gen.  No.  278,496,  in  the  circuit  court  of  Cook  county. 

Plaintiff's  claim  is  against  defendant  as  sheriff'  for  negli- 
gence, on  or  about  January  1,  1907,  in  respect  to  the  service  of 
an  execution  upon  the  defendant  in  the  case  of  John  Doe  v. 
Richard  Roe,  Gen.  No.  278,496,  in  the  circuit  court  of  Cook 
county. 

8.     Against  a  Physician  for  Malpractice. 

Plaintiff' 's  claim  is  against  the  defendant  as  a  physician  for 
negligence  in  treating  the  plaintiff  from  about  the  first  day  of 
January,  1907,  to  the  first  day  of  February,  1907. 

9.  Against  a  Surgeon  for  Malpractice. 

Plaintiff's  claim  is  against  defendant  as  a  physician  for 
negligence  in  performing  a  surgical  operation  upon  plaintiff  on 
or  about  the  first  day  of  January,  1907. 

10.  Against  a  Landlord  for  Negligence. 

Plaintiff's  claim  is  against  defendant  as  plaintiff's  landlord 
for  negligently  failing  to  keep  the  premises  known  as  (here 
describe  premises)  from  January  1,  1907,  to  about  February  1, 
1907,  in  proper  condition,  resulting  in  injury  to  the  plaintiff's 
health. 

11.    Against  tpie  Occupant  of  Premises  for  Negligence. 

Plaintiff's  claim  is  against  defendant  as  occupant  of  the  prem- 
ises known  as  number  (here  describe  premises)  for  negligently 
failing  to  keep  the  same  in  condition  from  about  January  1, 
1907,  to  about  February  1,  1907,  resulting  in  plaintiff' 's  injury. 


bills  of  particulars.  215 

12.  Against  a  Bailee  for  Negligence  with  Respect  to  Per- 

sonal Property  Intrusted  to  Him. 

Plaintiff's  claim  is  against  defendant  as  bailee  for  damages 
to  the  following  personal  property  (here  describe  property) 
intrusted  by  plaintiff  to  defendant  as  bailee,  said  injuries  being 
through  defendant's  negligence. 

13.  Against  the  Defendant  for  Injuries  Caused  by  the 

Explosion  of  a  Boiler. 

Plaintiff's  claim  is  against  defendant  for  injuries  received  on 
or' about  January  1,  1907,  through  the  explosion  of  a  boiler  at 
No.  150  Madison  street,  occasioned  by  defendant's  negligence. 

14.  Against  the  Defendant  for  an  Injury  Through  Un- 

safe Machinery. 

Plaintiff's  claim  is  against  defendant  for  personal  injuries 
received  by  plaintiff  at  No.  150  Madison  street  on  or  about 
January  1,  1907,  through  the  negligence  of  defendant  in  having 
unsafe  machinery. 

15.  Against  the  Defendant  for  an   Injury  Through  an 

Elevator. 

Plaintiff's  claim  is  against  defendant  for  personal  injuries 
received  by  plaintiff  on  or  about  January  1,  1907,  at  number 
150  Madison  street  by  an  elevator,  said  injury  being  occasioned 
by  defendant's  negligence. 

16.  Against  the  City  for  an  Injury  Through  a  Defective 

Sidewalk. 

Plaintiff's  claim  is  against  the  defendant  for  personal  injuries 
received  by  plaintiff  on  or  about  January  1,  1907,  in  Madison 
street,  near  State  street,  because  of  the  defective  condition  of  a 
sidewalk,  occasioned  through  defendant's  negligence. 


CHAPTER  Xn. 

EXAMINATION  OF  ADVERSE  PARTIES  AND  ORAL 
EVIDENCE  ON  MOTIONS. 

First.  Section  32  authorizes  the  court,  at  any  time  before  the 
trial  or  final  hearing,  to  permit  the  filing  of  interrogatories, 
to  be  answered  by  any  party  to  the  suit,  or  any  person  for  whose 
immediate  benefit  the  suit  is  prosecuted  or  defended,  or  any 
directors,  officers,  superintendent  or  managing  agents  of  any 
corporation  which  is  a  party  to  the  record,  at  the  instance  of 
the  adverse  party  or  parties,  or  any  of  them,  and  to  require 
an  answer  under  oath  to  all  such  interrogatories  as  the  party 
to  be  interrogated  might  be  required  to  answer,  if  called  as  a 
witness  upon  the  trial  or  hearing  of  such  suit.  The  party  filing 
the  interrogatories,  however,  is  not  to  be  concluded  by  the 
answers,  if  he  elects  to  introduce  them,  or  any  of  them,  upon 
the  trial  or  hearing. 

Statutes  permitting  the  filing  of  interrogatories  to  be 
answered  by  the  adverse  parties  are  in  force  in  many  of  the 
states.  They  differ  considerably  from  each  other  with  respect 
to  the  character  of  the  interrogatories  which  may  be  filed.  The 
practice  in  the  different  states  in  regard  to  them  is  concisely 
stated  in  14  Cyc.  352-362.  The  practice  in  the  municipal  court 
will  doubtless  be,  to  some  extent,  regulated  by  rules  to  be  adopt- 
ed by  the  judges.  In  advance  of  the  adoption  of  such  rules  it 
is  practicable  to  lay  down  only  a  few  general  principles. 

The  interrogatories  to  be  propounded  should  be  reasonably 
limited  in  number  and  should  be  directed  to  the  vital  ques- 
tions in  the  case.  No  questions  should  be  permitted  which 
would  not  be  permissible  were  the  case  on  trial  and  the  party 
interrogated  being  examined  as  a  witness  in  open  court.  The 
purpose  of  the  interrogatories  should  be  merely  to  obtain  in- 
formation, by  means  of  which  the  disputed  questions  of  fact 
between  the  parties  may  be  settled  in  advance  of  the  trial  and 

216 


EXAMINATION  OF  AD\rERSE  PARTIES.  217 

the  number  of  witnesses  and  the  amount  of  evidence  required 
upon  the  trial  thereby  diminished.  In  some  cases  by  means  of 
interrogatories  the  necessity  for  a  trial  may  be  entirely  avoided. 

The  plaintiff  should  not  be  permitted  to  file  interrogatories 
unless  his  application  is  accompanied  by  an  affidavit  showing 
that  he  has  a  good  cause  of  action,  and  the  defendant  should 
not  be  permitted  to  file  interrogatories  unless  his  application 
is  accompanied  by  an  affidavit  showing  that  he  has  a  good  de- 
fense, in  whole  or  in  part,  to  the  plaintiff's  claim.  Without 
this  requirement  the  right  to  file  interrogatories  and  to  require 
them  to  be  answered  might  be  abused  through  a  mere  desire 
to  fish  for  information. 

Second.  The  provision  in  section  33  is  substantially  a  copy 
of  section  5659  of  the  Minnesota  Code.  The  examination,  being 
in  open  court,  is  under  the  control  of  the  presiding  judge,  and 
is  governed,  for  the  most  part,  by  the  same  rules  which  govern 
ether  cross-examinations.  No  re-examination  by  the  attorney 
of  the  party  called  as  a  witness  is  permissible.  If  such  exami- 
nation is  desired  the  party  must  be  called  as  a  witness  in  his 
own  behalf.  The  advantage  to  be  derived  from  this  practice 
is  the  elimination  of  uncontroverted  matters  by  the  proof, 
through  the  admissions  of  the  opposite  party,  of  facts  which 
otherwise  might  require  the  production  of  many  witnesses.  The 
section  is  construed  in  In  re  Brown,  38  Minn.,  112  (35  N.  W. 
726)  ;  Walford  v.  Farnham,  44  Minn.,  159  (46  N.  W.,  295)  ; 
Schmidt  v.  Schmidt,  47  Minn.,  451  (50  N.  W.,  589);  Schmidt 
v.  Durnham,  50  Minn.,  96  (52  N.  W.,  277)  ;  State  v.  Thaden, 
43  Minn.,  325  (45  N.  W.,  614)  ;  Wheato^i  v.  Berg,  50  Minn., 
525  (52  N.  "W.,  926). 

Third.  Under  the  present  practice  the  only  evidence  which 
can  be  used  in  support  of  or  in  opposition  to  interlocutory  mo- 
tions are  the  voluntaiy  affidavits  of  witnesses,  or  records,  or 
other  documents  or  writing's.  As  a  consequence  it  often  hap- 
pens tha,t  the  decision  of  a  motion  may  depend  upon  the  skill 
and  industry  of  the  respective  attorneys  in  drawing  affidavits. 
Oftentimes  facts  are  sworn  to  in  affidavits  which  would  not  be 
sworn  to  were  the  party  making  the  affidavit  testifying  as  a 
witness  in  open  court.  The  knowledge  that  the  party  making 
an  affidavit  may  be  called  into  court  and  cross-examined  will 
be  productive  of  greater  caution   on   the  part   of  those   who 


218 


PRACTICE    IN    THE    MUNICIPAL    COURT. 


prepare  aflSdavits,  and  greatly  lessen  the  amount  of  perjury  that 
is  now  prevalent.  Again,  though  a  person  might  be  an  im- 
portant witness  as  to  a  fact  in  issue  upon  a  motion,  his  evi- 
dence cannot  now  be  obtained  unless  he  volunteers  to  make  an 
aflfidavit.  This  defect  in  the  system  of  practice  will  be  reme- 
died by  the  provision  allowing  the  calling  of  witnesses  upon 
such  motions. 


CHAPTER  Xm. 

CHANGES  OF  VENUE. 

In  cases  of  the  first  and  second  classes  the  provisions  for 
changes  of  venue  applicable  in  the  circuit  court  will  all  be  ap- 
plicable in  the  municipal  court,  excepting  those  which  make 
a  distinction  between  applications  at  the  first  term  of  court 
and  those  made  at  subsequent  terms.  There  being  no  terms 
in  the  municipal  court,  every  application  for  a  change  of  venue 
in  a  case  of  the  first  class  or  of  the  second  class  should,  and 
doubtless  will,  be  treated  as  though  it  were  one  made  at  the 
first  term  in  a  circuit  court.  This  will  give  the  parties  a  rea- 
sonable opportunity  to  avoid  a  trial  before  a  judge  whom  they 
regard  as  prejudiced  without  delaying  the  trial  of  the  cause, 
which  may  be  had  immediately  before  another  judge. 

With  respect  to  cases  of  the  third,  fourth  and  fifth  classes 
section  39  provides  that  no  application  for  a  change  of  venue 
on  account  of  the  prejudice  of  the  judge  shall  be  allowed  by 
the  municipal  court,  when  the  applicant  names  in  his  application 
more  than  one  judge  from  whom  such  change  of  venue  is  de- 
sired, nor  unless  such  application  for  a  change  of  venue  is 
made  by  petition  as  in  like  cases  in  the  circuit  court,  and  such 
petition  is  filed  at  or  before  the  time  of  the  filing  or  entering 
by  the  defendant  of  his  appearance  in  the  suit  in  which  such 
change  of  venue  is  asked  for,  if  such  suit  be  a  civil  suit,  or  at 
or  before  the  time  the  defendant  is  required  to  plead,  if  such 
suit  be  a  criminal  suit.  It  is  further  provided  that  the  grant- 
ing of  a  change  of  venue  shall  not  delay  the  trial,  but  that  the 
suit  shall  be  tried  and  disposed  of  at  the  time  set  for  the  trial 
thereof,  or  at  the  time  to  which  the  trial  thereof  may  be  post- 
poned, before  some  other  judge  of  the  court  than  the  one  from 
whom  the  change  of  venue  was  granted,  or  in  any  other  dis- 
trict in  which  the  same  may  be  ordered  to  be  tried,  and  that 
all  orders  necessary  to  the  setting  of  such  case  for  trial  and 
for  the  securing  of  a  speedy  trial  thereof  may  be  made  by  the 
judge  from  whom  said  change  of  venue  has  been  obtained. 

219 


220  PRACTICE    IN    THE    MUNICIPAL    COURT. 

As  to  applications  for  changes  of  venue  in  cases  of  the  third, 
fourth  and  fifth  classes  on  grounds  other  than  the  prejudice 
of  a  judge,  all  the  provisions  for  changes  of  venue  made  ap- 
plicable in  the  circuit  court  will  be  applicable  in  the  munic- 
ipal court,  excepting  those  which  make  a  distinction  between 
applications  at  the  first  term  of  court  and  those  made  at  sub- 
sequent terms.  In  such  cases  the  practice  will  be  the  same  as 
above  stated  with  respect  to  cases  of  the  first  and  second  classes. 

The  provisions  above  mentioned  with  respect  to  applications 
for  changes  of  venue  in  cases  of  the  fourth  and  fifth  classes 
on  account  of  the  prejudice  of  the  judge,  are  designed  to  pre- 
vent applications  being  made  because,  on  account  of  some  re- 
mark or  ruling  of  the  judge,  one  of  the  parties  becomes  dis- 
satisfied with  the  judge's  views,  real  or  supposed,  respecting 
the  law  or  the  facts  of  the  case  and  therefore  prefers  to  take 
his  chances  before  some  other  judge.  Furthermore,  the  pro- 
visions in  question  will  prevent  applications  being  made  with 
a  view  to  obtaining  delay.  In  the  circuit  court  it  frequently 
happens  that  a  defendant,  when  the  case  is  about  to  be  called 
for  trial,  suddenly  discovers  that  the  judge  is  prejudiced 
against  him  and  he  takes  a  change  of  venue  in  order  to  secure 
a  postponement  of  the  trial  which  is  always  the  result  of  the 
granting  of  the  application.  The  plaintiff  in  such  case  finds 
either  that  his  case  is  deprived  of  its  place  upon  the  calendar, 
or  that  he  is  put  to  serious  trouble  and  inconvenience  in  se- 
curing a  trial  before  another  judge.  This  will  not  happen  in 
the  municipal  court.  No  postponement  of  the  trial  will  result 
from  the  application  for  a  change  of  venue,  but  the  trial  will 
take  place  upon  the  day  set  therefor  before  some  judge  other 
than  the  one  from  whom  the  change  of  venue  has  been  taken. 


CHAPTER  XIV. 
TRIAL  BY  JURY. 

Trial  by  jury  in  the  municipal  court,  aside  from  the  charg- 
ing of  the  jury,  which  will  be  discussed  in  the  next  chapter,  and 
excepting  as  to  the  method  of  impaneling  the  jury,  will  be  sub- 
stantially the  same  as  that  prevailing  in  the  circuit  court.  Thy 
jiu'ors  are  to  be  provided  by  the  jury  commissioners  of  the 
county  of  Cook  in  the  same  manner  and  from  the  same  lists, 
as  near  as  may  be,  as  petit  jurors  are  provided  for  the  circuit, 
superior  and  criminal  courts  of  Cook  county.  The  names  of 
the  necessary  number  of  petit  jurors  required  from  time  to 
time  in  the  municipal  court  are  to  be  furnished  by  the  jury 
commissioners  upon  demand  to  the  clerk  of  the  municipal  court, 
and  the  venires  for  such  jurors  are  to  be  directed  to  and 
served  by  the  sheriff  of  Cook  county.  The  number  of  petit 
jurors  to  be  summoned  from  time  to  time  is  to  be  determined 
by  the  chief  justice.  (Section  25.)  In  the  following  respects 
the  practice  in  the  municipal  court  will  differ  from  that  in  the 
circuit  court: 

First.  By  section  26  it  is  made  the  duty  of  the  chief  justice 
to  cause  to  be  interrogated  all  petit  jurors  summoned  for  serv- 
ice in  the  municipal  court  and  to  cause  to  be  inquired  into  the 
qualifications  of  all  such  jurors,  and  to  reject  from  service  all 
who  do  not  appear  to  possess  the  qualifications  required  by  law;. 
This  duty  is  an  exceedingly  important  one.  It  is  the  clear  in- 
tention and  positive  direction  of  the  Municipal  Court  Act  that 
the  statutory  qualifications  of  the  jurors  shall  not  be  a  matter 
left  entirely  for  the  investigation  of  the  attorneys  at  the  time 
jurors  are  being  impaneled  in  cases,  but  that  the  chief  justice  in 
the  first  instance  shall  see  to  it  that  there  are  no  jurors  called 
into  the  jury  box  who  do  not  possess  the  statutory  qualifica- 
tions. Thus,  if  the  law  be  obeyed,  and  it  is  to  be  presumed  it 
will  be,  a  panel  of  one  hundred  jurors  accepted  for  service  in 
the  municipal  court  will  be  one  hundred  men,  every  one  of 
whom  possesses  all  the  qualifications  required  by  law,  except- 

221 


222  PRACTICE  usr  the  municipal  court. 

ing,  however,  those  falling  under  the  designation  "free  from 
all  legal  exceptions,"  as  it  would  hardly  be  practicable  to  in- 
quire in  advance  into  all  such  exceptions.  With  a  panel  of 
jurors  all  of  whom  are  "in  the  possession  of  their  natural  fac- 
ulties and  not  infirm  or  decrepit,  free  from  all  legal  exceptions, 
of  fair  character,  of  approved  integrity,  of  sound  judgment, 
well  informed  and  who  understand  the  English  language," 
trial  by  jury,  instead  of  being  to  a  large  extent  a  farce,  as  it 
now  is,  may  become  a  useful  institution. 

Secotid.  By  the  terms  of  section  30  the  right  to  a  trial  by 
jury  in  any  case  of  the  first,  fourth  or  fifth  class  de- 
pends upon  the  affirmative  act  of  the  plaintifi:"  at  the  time  he 
commences  his  suit,  or  of  the  defendant  at  the  time  he  enters 
his  appearance,  in  filing  with  the  clerk  a  demand  in  writing  for 
such  mode  of  trial.  A  failure  to  file  this  demand  is  equivalent 
to  a  consent  to  a  trial  by  the  court  without  a  jury. 

Third.  By  the  terms  of  section  56,  in  a  civil  case  of  the 
first,  fourth  or  fifth  class,  the  plaintiff  at  the  time  he  com- 
mences his  suit,  or  the  defendant  at  the  time  he  enters  his  ap- 
pearance, must  pay  the  sum  of  six  dollars  as  additional  advance 
costs,  as  a  condition  precedent  to  a  trial  by  jury. 

Fourth.  By  section  31  it  is  provided  that  it  shall  be  the  duty 
of  the  judge  presiding  at  the  trial  to  examine,  or  cause  to  be 
examined,  all  jurors  called  into  the  jury  box  in  any  case  with 
respect  to  their  statutory  qualifications  to  serve  as  petit  jurors 
in  such  case,  and  to  permit  the  plaintifi^,  or  the  people,  and 
the  defendant,  to  propound  to  the  jurors  such  pertinent  ques- 
tions as  may  be  necessary  for  the  purpose  of  ascertaining 
whether  the  jurors  are  biased  or  prejudiced.  Under  the  prac- 
tice in  the  circuit  court  the  examination  of  the  jurora  is  con- 
ducted by  the  attorneys  of  the  respective  parties,  who  are  per- 
mitted to  ask  all  questions  that  may  be  pertinent  not  oiUy  for 
the  purpose  of  ascertaining  the  statutory  qualifications  of  the 
jurors  and  whether  they  are  biased  or  prejudiced,  but  also  to 
ascertain  whether  they  are  such  persons  as  the  parties  wish 
to  challenge  peremptorily.  In  the  municipal  court  inquiries  of 
jurors,  the  sole  purpose  of  which  is  to  enable  the  party  to  de- 
termine whether  he  wishes  to  exercise  the  right  of  peremptory, 
challenge,  are  not  permissible. 


TRIAL   BY   JURY.  223 

Fifth.  Upon  appeal  or  writ  of  error  the  only  question  sub- 
ject to  review  with  respect  to  the  impaneling  of  the  jury  is 
whether  the  municipal  court  improperly  restricted  the  right  of 
the  defendant  to  examine  the  jurors  as  to  bias  or  prejudice  or 
improperly  overruled  a  challenge  by  the  defendant  of  a  juror 
for  bias  or  prejudice.  Thus  the  examination  of  the  jurors  is  a 
matter  largely  in  the  discretion  of  the  presiding  judge.  If  no 
biased  juror  is  allowed  to  serve  and  the  parties  are  allowed  a 
reasonable  latitude  in  the  examination  into  the  bias  or  preju- 
dice of  jurors,  no  other  error  can  be  complained  of  in  the  ap- 
pellate or  supreme  court. 


CHAPTER  XV. 
INSTRUCTING  THE  JURY. 

There  is  no  portion  of  the  practice  in  cases  of  trials  by  jury- 
that  has  been  the  occasion  of  greater  divergence  of  views  than 
that  which  pertains  to  the  judge's  charge.  In  England,  when 
a  case  is  tried  by  jury,  the  presiding  judge,  at  the  conclusion 
of  the  arguments,  sunis  up  the  evidence,  giving  to  the  jury 
the  benefit  of  his  own  opinions  as  to  the  weight  to  be  given  to 
the  testimony  of  the  witnesses  and  as  to  the  effect  of  such  tes- 
timony with  respect  to  the  controverted  facts,  and  states  the 
rules  of  law  applicable  to  the  case,  so  that  the  jury  hear  first, 
the  evidence,  second,  the  arguments  of  the  counsel  on  both 
sides,  and  lastly,  the  views  of  the  judge  as  to  the  law  and  the 
facts.  They  are  then  left  free  to  make  such  finding  with  re- 
spect to  the  facts  as  they  deem  proper,  and  their  findings  are, 
as  a  rule,  only  disturbed  when  they  result  from  misdirection 
of  the  judge,  or  from  substantial  errors  of  law  committed  dur- 
ing the  progress  of  the  trial.  In  a  capital  case  they  cannot  be 
disturbed  by  the  court,  but  a  sentence  to  death  follows  imme- 
diately, and  as  a  matter  of  course,  upon  a  verdict  of  guilty. 

In  the  courts  of  the  United  States  a  modified  form  of  the  Eng- 
lish practice  prevails.  The  judge  charges  the  jury  orally  as  to  the 
law  and  is  at  liberty  to  express  his  opinion  as  to  the  facts,  pro- 
vided the  jury  are  left  free  to  make  such  finding  with  respect 
thereto  as,  in  their  opinion,  the  evidence  justifies.  Usually, 
however,  there  is  no  summing  up  of  the  evidence,  and  as  a  rule 
the  judge  does  not  express  an  opinion  as  to  what  the  ultimate 
finding  of  the  jury  should  be,  though  he  does  frequently,  either 
in  direct  terms,  or  by  the  general  character  of  his  remarks,  in- 
dicate his  views  as  to  matters  pertaining  to  the  facts. 

In  the  state  courts  the  practice  is  varied.  In  some  states 
the  judges  have  the  same  powers  as  the  judges  of  the  United 
States  courts.  In  others  the  judges,  though  they  are  forbidden 
to  charge  the  jury  as  to  the  facts,  are  permitted  to  state  the 

224 


INSTRUCTING  THE  JURY,  225 

testimony  and  the  law,  either  orally  or  in  writing.  In  othei*s 
the  judges  are  restricted  to  charging  as  to  the  law  only,  but 
are  allowed  to  charge  orally.  In  still  others  they  are  pro- 
hibited from  charging  as  to  the  facts  and  are  permitted  to 
charge  as  to  the  law  only,  the  charge  being  required  to  be  in 
writing. 

In  this  state  the  English  system  of  charging  the  jury  pre- 
vailed until  the  passage  of  the  Practice  Act  of  1827,  one  provi- 
sion of  which  was  that  the  circuit  courts  in  charging  the  jury 
should  only  instruct  as  to  the  law  of  the  case.  This  was  the 
first  step  taken  by  way  of  legislation  with  respect  to  the  charge. 
It  had  for  its  alleged  purpose  the  protection  of  litigants  from 
possible  unjust  influence  of  the  judges  over  juries  in  respect 
to  their  findings  of  fact.  The  same  provision  was  embodied 
in  the  Revised  Statutes  of  1845.  The  charge  of  the  court  as 
to  the  law  of  the  case  was,  however,  always  given  orally  until 
the  passage  of  the  act  entitled  "An  Act  to  amend  the  Practice 
Act,"  approved  February  25,  1847,  the  first  three  sections  of 
which  are  as  follows: 

"Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois, represented  in  the  General  Assembly,  That  hereafter  no 
judge  of  the  circuit  court  shall  instruct  the  petit  jury  in  any 
case,  civil  or  criminal,  unless  such  instructions  are  reduced  to 
writing. 

"Section  2.  And  when  instructions  are  asked  which  the 
judge  cannot  give,  he  shall,  on  the  margin  thereof,  write  the 
word  'refused;'  and  such  as  he  approves  he  shall  write  on  the 
margin  thereof  the  word  'given,'  and  he  shall  in  no  case,  after 
instructions  are  given,  orally  qualify,  modify,  or  in  any  man- 
ner explain  the  same  to  the  jury. 

"Section  3.  And  such  instructions,  so  given,  shall  be  taken 
by  the  jury  in  their  retirement,  and  returned  by  them  with 
their  verdict,  into  court." 

The  passage  of  this  act  by  the  General  Assembly  was  pro- 
cured by  a  member  of  the  bar  who,  either  justly  or  unjustly, 
claimed  that  a  circuit  judge  had  refused  to  sign  a  bill  of  ex- 
ceptions setting  forth  his  charge  as  actually  given.  In  order 
that  there  might  be  no  ground  for  dispute  thereafter  as  to  the 

15 


226  PRACTICE    IX    THE    MUNICIPAL    COURT. 

exact  wording  of  a  judge's  charge,  he  urged  the  passage  of  the 
act  above  referred  to  and  it  was  passed  accordingly.  This  was 
the  second  step  taken,  by  way  of  legislation,  with  respect  to  the 
charge.  It  also  had  for  its  alleged  object  the  prevention  of 
unfairness  on  the  part  of  the  judge.  Why  it  should  have  been 
required  that  the  jury  take  with  them  the  instructions  in  their 
retirement,  when  they  were  not  permitted  to  even  take  notes 
of  the  evidence  but  were  compelled  to  rely  solely  upon  their 
recollections  of  it,  is  not  easy  to  understand. 

From  the  date  of  the  passage  of  this  act  of  1827  down  to 
the  date  of  the  adoption  of  the  act  entitled  "An  Act  in  regard 
to  the  practice  in  courts  of  record,"  approved  February  22, 
1872,  exceptions  to  the  charge  or  instructions  of  the  court,  and 
to  the  court's  rulings  with  respect  to  requests  to  charge  or  in- 
struct, were  required  to  be  taken  at  the  time  the  charge  was 
given,  or  when  the  rulings  were  made  and  before  the  jury  re- 
tired. This  was  for  the  purpose  of  enabling  the  court  to  correct 
any  errors  in  the  charge  before  the  verdict,  and  thus  avoid  the 
granting  of  new  trials  for  errors  which,  had  they  been  pointed 
out,  might  have  been  corrected  before  the  jury  retired. 

In  Leigh  v.  Hodges,  3  Scam.  15,  17^  the  court  said:  "It  is 
a  well  settled  rule  that  exceptions  to  the  charge  of  the  judge 
should  be  taken  at  the  time  the  charge  is  given,  and  before  the 
jury  retire,  as  thereby  an  opportunity  is  at  once  afforded  the 
judge  for  more  reflection,  to  correct  any  error  into  which  he 
may  be  precipitated  in  the  hurry  of  trials  on  the  circuit.  It  is 
too  late  to  take  the  exception  after  the  verdict  is  rendered." 

In  Hill  V.  Ward,  2  Oilman,  285,  293,  the  court  said:  "The 
doctrine  that  a  party  cannot  except  to  the  opinion  of  a  court 
in  giving  or  refusing  instructions  except  at  the  time  they  are 
given  or  refused,  is  distinctly  settled  by  this  court  in  the  case 
of  Leigh  v.  Hodges,  3  Scam.  15,  and  it  needs  no  argument  nor 
authority  to  prove  that  a  party  cannot  be  permitted  to  assign 
for  error  in  this  court  any  decision  or  opinion  of  the  circuit 
court  made  or  expressed  during  the  progress  of  a  cause,  in  the 
propriety  of  which,  at  the  time  of  its  occurrence,  he  silently 
acquiesced." 

Under  the  rule  thus  laid  down,  if  the  attorney  of  either 
party,  upon  hearing  read  an  instruction  given  on  behalf  of  his 
adversary,   discovered  therein   an  inaccurate  statement  of  the 


INSTRUCTING  THE  JURY.  227 

law,  he  was  bound  to  call  the  court's  attention  to  it  immedi- 
ately upon  the  conclusion  of  the  reading  of  the  instructions, 
for  otherwise  he  would  be  stopped  from  ever  after  complain- 
ing of  it.  It  was  presumed  that,  in  proceedings  in  court,  the 
attorneys  on  both  sides  of  a  case,  as  officers  of  the  court,  were 
acting  in  good  faith  in  the  performance  of  their  duty  of  aid- 
ing the  court  in  arriving  at  a  correct  decision  with  respect 
to  every  question  of  law  presented,  that  they  earnestly  and 
honestly  desired  that  the  law  should  be  stated  to  the  jury  cor- 
rectly by  the  court,  and  that  neither  of  them  wished  the  court 
to  give  instructions  unfavorable  to  his  side  of  the  case  which 
were  clearly  erroneous.  Hence,  if  an  attorney  heard  an  in- 
struction read  which  he  regarded  as  unfavorable  to  his  client 
and  also  considered  erroneous  and  calculated  to  mislead  the 
jury,  it  was  assumed  that  he  would  immediately  arise  and  call 
the  court's  attention  to  the  error  committed  with  a  view  to 
its  correction  and  the  consequent  protection  of  his  client's 
rights.  If  he  did  not  do  so,  there  was  applied  to  him  the  same 
doctrine  of  estoppel  that  is  applied  to  any  person  who  has  re- 
mained silent  in  respect  to  a  transaction  when  it  was  his  duty 
to  speak.  In  other  words,  the  law  exacted  of  attorneys  that 
they  be  at  least  honest  enough,  after  the  charge  was  given  and 
before  the  jury  retired,  to  indicate  to  the  court  all  defects  in 
the  instructions  which  they  regarded  as  of  a  character  so  se- 
rious as  to  be  injurious  to  their  clients,  and  which  they  in- 
tended to  rely  upon  as  grounds  for  a  new  trial  in  case  of  an 
adverse  verdict.  How  any  other  view  could  properly  have 
been  taken  with  respect  to  the  duty  of  the  attorneys  in  this 
matter,  or  with  respect  to  the  rule  of  practice  proper  to  be  ap- 
plied in  such  a  case,  it  is  difficult  to  understand.  Nobody  ap- 
parently doubted  the  existence  of  that  duty,  or  the  propriety  of 
requiring  the  attorneys  for  both  parties  to  be  honest  and  act 
in  good  faith  towards  the  court,  at  least  in  respect  to  pointing 
out  errors  in  the  charge  before  the  jury  retired,  until  after 
the  revision  of  the  statutes  of  1872,  when  section  2  of  the  Act 
of  1847  was  amended  by  adding  thereto  the  following: 

"Exceptions  to  the  giving  or  refusing  any  instructions  may 
be  entered  at  any  time  before  the  entry  of  final  judgment  in 
the  case." 

This  was  the  third  step,  by  way  of  legislation,  taken  with 


228  PRACTICE    IN    THE    MUNICIPAL    COURT. 

respect  to  the  charsre,  but  it  did  not  have  for  its  object,  real  or 
alleged,  the  prevention  of  unfairness  on  the  part  of  the  judge. 
Its  manifest  purpose  was  to  increase  the  difficulties  attendant 
upon  trials  by  jury  and  to  enable  parties  against  whom  ver- 
dicts might  be  rendered  to  cause  them  to  be  set  aside  upon 
motions  for  new  trials  or  upon  appeals  or  writs  of  error,  for 
errors  in  the  charge  which,  if  called  to  the  attention  of  the 
court  before  the  jury  retired^  would  have  been  immediately'' 
corrected. 

Doubtless  the  General  Assembly  would  have  been  severely 
criticised  had  it  solemnlj^  enacted  that  thereafter  no  litigant 
should  be  bound,  during  the  progress  of  a  trial  bj^  jury,  to  ob- 
ject to  the  admission  or  rejection  of  testimony,  or  to  any  other 
ruling  of  the  presiding  judge,  but  that,  though  remaining  silent 
with  respect  to  all  such  matters  and  acquiescing  therein,  he 
might,  for  the  first  time  after  the  rendition  of  the  verdict,  and 
for  the  purpose  of  having  it  annulled,  object  to  any  or  all  of 
those  rulings  he  had  thus  acquiesced  in  and  have  his  objection 
sustained  and  the  finding  of  the  jury  set  aside.  Yet  this  pro- 
vision that  "exceptions  to  the  giving  or  refusing  any  instruc- 
tions may  be  entered  at  any  time  before  the  entry  of  final  judg- 
ment in  the  case"  was  accepted  apparently  without  criticism 
and  has  been  acquiesced  in  for  over  thirty-three  years. 

Such  being  the  law  respecting  exceptions  to  the  giving  of 
instructions,  what  is  the  situation  of  the  trial  judge  in  a  closely 
contested  case  tried  by  jury?  Usually,  at  the  conclusion  of 
the  introduction  of  the  evidence  and  before  the  arguments  are 
begun,  he  is  handed  from  twenty  or  forty  separate  written 
propositions  with  the  request  that  they  be  read  to  the  jury  as 
expressing  the  rules  of  law  applicable  to  the  decision  of  the 
case.  The  law  compels  him  to  read  each  one  of  these  and  to 
determine  whether  it  states  correctly  a  proposition  of  law  ap- 
plicable to  the  ease  and,  if  so,  to  mark  it  on  the  margin 
"given,"  or  otherwise  to  mark  it  on  the  margin  "refused." 
The  ones  marked  "given"  he  must  read  to  the  jury  at  the  con- 
clusion of  the  arguments.  The  examination  of  these  instruc- 
tions must  often  be,  and  usually  is,  made  during  the  progress 
of  the  arguments  to  the  jur}%  arguments  to  which  the  judge, 
as  well  as  the  jury,  ought  to  give  attention,  and  is  subject  to 
.frequent   interruptions   caused  by  objections   upon   which  the 


INSTRUCTING  THE  JURY.  229 

judge  is  called  upon  to  pass.  In  the  performance  of  this  work 
he  receives,  as  a  rule,  no  aid  whatever  from  the  attorneys,  who, 
having  prepared  the  case  for  trial,  ought  to  be,  and  usually  are, 
familiar  with  the  rules  of  law  applicable  thereto  and  conse- 
quently could,  if  they  would,  so  aid  him  as  to  enable  him  to 
decide  correctly  all  or  at  least  most  of  the  questions  arising 
upon  the  instructions.  Not  only  do  the  attorneys  not  aid  him, 
but  oftentimes  they  present  to  him  for  his  consideration  propo- 
sitions prepared  for  the  express  purpose  of  entrapping  him  into 
committing  erroi*s  which,  in  case  of  an  adverse  verdict,  will 
enable  them  to  obtain  a  new  trial. 

The  instructions  being  examined,  those  marked  "given"  are 
read  to  the  jury,  who  thereupon  retire  with  them  to  consider 
of  their  verdict,  the  attorneys  on  both  sides  remaining  silent. 
Though  each  of  them  may  have  observed  errors  in  those  given 
on  behalf  of  his  opponent,  he  keeps  his  discovery  to  himself, 
happy  in  the  thought  that,  if  the  jury  decides  against  him,  he 
is  reasonably  certain  of  securing  a  new  trial.  What  the  jury 
do  with  these  instructions  in  the  jury  room  is  unknown,  ex- 
cepting as  it  may  be  gathered  from  the  reports  of  learned  and 
exhaustive  judicial  opinions  rendered  by  appellate  tribunals. 
By  inference,  from  the  nature  and  character  of  these  decisions 
and  opinions,  we  are  led  to  the  inevitable  conclusion  that  these 
twelve  men,  ''of  fair  character,  of  approved  integrity,  of  sound 
judgment,  and  who  understand  the  English  language,"  imme- 
diately upon  arriving  at  the  jury  room,  proceed  to  examine 
with  great  learning  and  acumen  the  various  propositions  set, 
forth  in  these  written  instructions,  with  a  view  to  ascertaining 
whether  there  are  not  some  defects  in  them  which  have  escaped 
the  eye  of  the  presiding  judge,  and  which  they,  as  jurors,  can 
make  use  of  for  the  purpose  of  being  so  misled  or  confused  as 
to  render  an  improper  and  an  unjust  verdict,  or  at  least  a  ver- 
dict which  they  otherwise  would  not  have  rendered.  The  fol- 
lowing, among  others,  are  defects  which  have  been  discovered 
after  an  adverse  verdict  and  which  have  been  urged,  and  often 
with  success,  in  the  appellate  courts  and  in  the  supreme  court, 
as  grounds  for  reversing  judgments: 

1.     That  they  submit  questions  of  law  to  the  jury.     Harvey 
V.  Hamilton,  155  111.  377 ;  People  v.  Mayor,  193  111.  309. 


230  PKACTICE    IN    THE    MUNICIPAL    COURT. 

2.  That  they  are  involved.  C.  B.  &  Q.  R.  K.  Co.  v.  Sijkes, 
96  111.  162. 

3.  That  they  invade  the  province  of  the  jury  by  directing 
them  what  weight  should  be  given  to  the  testimony  of  wit- 
nesses, Nicman  v.  ISchnitker,  181  111,  400;  West  Chicago  St. 
B.  Co.  V.  Mueller,  165  111.  499;  Hmse  v.  Wilder,  47  111.  510. 

4.  That  they  express  opinions  respecting  controverted  facts. 
L.  8.  <&  M.  S.  R.  Co.  V.  Taylor,  46  lU.  App.  506 ;  American  Ins. 
Co.  V.  Crawford,  89  111.  62. 

5.  That  they  advise  the  jury  as  to  the  effect  of  certain  evi- 
dence on  contested  questions  of  fact.  L.  S.  &  M.  S.  E.  Co.  v. 
Hu7idt,  140  111.  525 ;  Wall  v.  Goodenough,  16  III.  415. 

6.  That  they  advise  the  jury  as  to  the  inferences  they  may 
draw  from  facts.  Graff  v.  Simmons,  58  111.  440;  Graves  v.  Col- 
well,  90  111.  612. 

7.  That  they  advise  the  jury  as  to  the  effect  of  certain  facts 
upon  the  credibility  of  witnesses.  Clevenger  v.  Curry,  81  III. 
432;  Carey-Lombard  Lumber  Co.  v.  Hunt,  54  111.  App.  314. 

8.  That  they  advise  the  jury  as  to  the  weight  of  the  testi- 
mony of  one  witness  as  opposed  to  other  witnesses.  Kelley  v. 
L.  &  N.  R.  Co.,  49  111.  App.  304. 

9.  That  they  advise  the  jury  as  to  the  weight  of  opinion  or 
expert  evidence.  Taylor  v.  Cox,  153  111.  220;  Kankakee  &  Sen' 
eca  R.  Co.  v.  Horo/n,  23  111.  App.  259 ;  Ro.se  v.  Vandercar,  21 
App.  345. 

10.  That  they  advise  the  jury  as  to  the  comparative  weight 
to  be  given  to  affirmative  and  negative  testimony.  Preston  & 
Co.  V.  Moline  Wagon  Co.,  44  111.  App.  342;  Chicago  &  N.  W. 
R.  Co.  V.  Trayes,  33  111.  App.  307 ;  Rockwood  v.  Poundstone^ 
39  111.  199. 

11.  That  they  advise  the  jury  as  to  the  weight  to  be  given  to 
admissions.  Doerr  v.  Brune,  56  111.  App.  657;  Byrne  v.  Hart' 
shorn,  21  111.  App.  550;  Wickersham  v.  Beers,  20  111.  App.  243; 
Fritzell  v.  Cole,  29  111.  465. 

12.  That  they  assume  the  existence  of  facts  which  are  not 
uneontroverted.  Dolbeare  v.  Coultas,  94  111.  App.  55;  Kornaz- 
seivska  v.  West  Chicago  St.  R.  Co.,  76  III.  App.,  366;  City  of 
Rock  Island  v.  Drost,  71  111.  App.,  613;  Swigart  v.  Ilawley, 
140  111.,  186 ;  Allmendinger  v.  McHie,  189  111.,  308 ;  Indianapo- 
lis &  St.  L.  R.  Co.  V.  Miller.  71  111.,  463. 


INSTRUCTING  THE  JURY.  231 

13.  That  they  give  undue  prominence  to  certain  facts.  Sul- 
livan V.  Eddy,  164  111.,  391;  Draiftage  Commrs.  Dist.  v.  /.  C.  R. 
R.  Co.,  158  III,  353 ;  Hartshorn  v.  Byrne,  147  111.,  418 ;  Protec- 
tion Life  Ins.  Co.  v.  Dill,  91  111.,  174. 

14.  That  they  single  out  a  particular  witness.  PJioenix  Ins. 
Co.  V.  LaPointe,  118  111.,  384;  Mathews  v.  Grariger,  96  111.  App., 
536 ;  North  Chicago  St.  R.  Co.  v.  Dudgeon,  83  111.  App.,  528. 

15.  That  they  incorrectly  state  the  rule  respecting  the  cred- 
ibility of  witnesses.  Pennsylvania  Co.  v.  Versten,  140  111.,  637; 
Morton  v.  O'Connor,  85  111.  App.,  273. 

16.  That  they  are  not  clear,  accurate  and  harmonious.  Kra/nz 
V.  Thieben,  15  111.  App.,  482;  Swan  v.  People,  98  111.,  610;  Chase 
V.  Nelson,  39  111.  App.,  53 ;  Harms  v.  Stier,  70  111.  App.,  213 ; 
C.  B.  &  Q.  R.  Co.  V.  Naperville,  168  111.,  87. 

17.  That  they  are  misleading.  West  Chicago  St.  R.  Co.  v. 
Peters,  196  111.,  298 ;  Chicago  Anderson  Pressed  Brick  Co.  v. 
Sohkowiac,  148  111.,  573 ;  Rau  v.  Trumbull,  58  111.  App.,  490. 

18.  That  they  are  argumentative.  Keeler  v.  Stuppe,  86  111., 
309 ;  Thorp  v.  Goewey,  85  111.,  611 ;  Ludwig  v.  Sager,  84  111., 
99;  Rockford  Ins.  Co.  v.  Nelson,  75  111.,  548;  C.  B.  d&  Q.  R.  Co. 
V.  Griffin,  68  111.,  499 ;  Chapman  v.  Cawrey,  50  111.,  512 ;  Roe  v. 
Taylor,  45  111.,  485. 

19.  That  they  are  contradictory.  Toledo,  W.  <&  W.  R.  Co. 
V.  Morgan,  72  111.,  155;  Gilmore  v.  Fuller,  198  III,  130. 

20.  That  they  omit  ' '  from  the  evidence ' '  after  the  words  ' '  if 
the  jury  believe,"  or  ''if  the  jury  finds."  Chicago  v.  Morse, 
33  111.  App.,  61;  Mathews  v.  Hamilton,  23  III,  470;  City  of 
Freeport  v.  Isbell,  83  III,  440. 

21.  That  certain  portions  of  them  are  underscored.  Wright 
V.  Brosseau,  73  III,  381. 

22.  That  they  are  supported  by  citations  of  authority. 
Springer  v.  Orr,  82  111.  App.,  558. 

23.  That  certain  Avords  in  them  are  printed  in  large  letters. 
Elwood  v.  Chicago  City  Ry.  Co.,  90  111.  App.,  397 ;  McCormick 
Harvesting  Machine  Co.  v.  Sendzikowski,  72  111.  App.,  402. 

24.  That  they  are  not  applicable  to  the  pleading's.  L.  S.  & 
M.  8.  R.  Co.  V.  Probeck,  33  111.  App.,  145 ;  C.  &  A.  R.  R.  Co.  v. 
Mock,  72  III,  141. 

25.  That  they  are  not  based  upon  the  evidence.  Lusk  v. 
Throop,,  189  III.  127  l  Boldenwick  v.  Cahill,  187  III,  218 ;  Glu- 


232  PRACTICE    IN    THE    MUNICIPAL    COURT. 

cose  Sugar  Refining  Co.  v.  Flinn,  184  111.,  123;  Smiley  v.  Scott, 
179  111.,  142. 

26.  That  they  ignore  some  of  the  issues.  Miller  v.  Cinna- 
mon, 168  111.,  447. 

27.  That  they  incorrectly  state  the  measure  of  damages. 
City  of  Decatur  v.  Hamilton,  89  111.  App.,  561 ;  St.  L.  A.  &  T. 
E.  B.  R.  Co.  V.  ManUy,  58  111.,  302 ;  C.  R.  I.  &  P.  R.  R.  Co.  v. 
Austin,  69  111.,  427. 

28.  That  they  state  propositions  of  law  which,  though  cor- 
rect, are  not  applicable  to  the  case  made  by  the  evidence,  Die- 
fenthaler  v.  Hall,  116  111.  App.,  422. 

29.  That  they  incorrectly  state  the  degree  of  proof  neces- 
sary to  support  the  afBrmative  of  an  issue.  Kelley  v.  MaZhoit, 
115  111.  App.,  23;  Crabtree  v.  Reed,  50  111.,  207;  Warner  V. 
Crandale,  65  111.,  195 ;  Herrick  v.  Gary,  83  lU.,  85 ;  Cox  v.  Peo- 
ple, 109  111.,  459. 

30.  That  they  attempt  to  connect  discordant  propositions. 
C.  B.  &  Q.  R.  R.  Co.  V.  Johnson,  103  111.,  512. 

It  is  apparent  that  each  of  the  foregoing  thirty  objections  is 
one  which,  were  it  called  to  the  attention  of  the  trial  court  be- 
fore the  jury  retired,  could  easily  be  obviated  and  it  is  equally 
safe  to  say  that  the  correction  of  the  instructions  to  meet  the 
criticisms  thus  made  upon  them  would  not  in  any  case  have 
produced  a  different  verdict  than  that  actually  rendered. 

Because  of  the  system  of  practice  provided  for  by  these  pro- 
visions regulating  instructions  to  the  jury,  the  appellate  tri- 
bunals have  been  impelled  to  a  course  of  procedure  entirely 
consistent  with  the  constitutional  provision  that  the  right  of 
trial  by  jury  shall  be  and  remain  inviolate,  and  the  legislative 
view  that  the  preservation  of  this  sacred  right  demands  that 
the  jury  shall  be  informed  as  to  the  law  of  the  case  in  terms 
not  susceptible  of  possible  misinterpretation,  and  that  they  shall 
be  absolutely  and  unqualifiedly  protected  against  the  possibility 
of  influence  on  the  part  of  the  judge  respecting  their  findings 
as  to  the  facts.  The  anxiety  for  the  attainment  of  perfection 
has  led  to  the  adoption  of  the  rule  that  in  a  case  where  there 
is  a  fair  conflict  in  the  evidence  no  verdict  shall  be  allowed  to 
stand  when  there  has  been  an  error  committed  by  the  courf 
which  might  have  affected  the  result.  Such  an  error  is  termed 
a  "reversible  error,"  or  "prejudicial  error."     The  legislative 


INSTRUCTING  THE  JURY.  233 

policy,  as  interpreted  by  the  court,  is  that  it  is  better  that  ninety 
and  nine  or  any  indefinite  number  of  possibly  or  even  probably 
just  verdicts  should  be  set  aside,  than  that  one  should  be  allowed 
to  stand  in  the  face  of  an  error  which  might  have  contributed 
to  produce  it. 

If  we  contrast  the  decisions  of  the  supreme  and  appellate 
courts  in  cases  tried  by  jury  with  their  decisions  in  chancery 
cases,  where  the  evidence  has  been  heard  by  a  master  or  by  the 
chancellor,  we  find  a  radical  difference  between  them.  When 
a  case  is  tried  in  chancery,  errors  in  the  rulings  of  the  court 
upon  a  hearing  are,  excepting  in  a  few  instances,  disregarded 
unless  the  final  result  appears  to  be  wrong.  Let  the  chancellor 
err  ever  so  much  in  the  admission  of  the  evidence  and  let  him 
deliver  a  written  opinion  filled  with  erroneous  views  of  the 
rules  of  law  and  equity  applicable  to  the  icase,  his  decree  will 
still  be  sustained,  unless  it  appear  to  be  contrary  to  the  com- 
petent evidence  in  the  record  and  the  rules  of  law  and  equity 
applicable  thereto.  Yet  the  right  of  the  litigant  to  demand  that 
the  chancellor  shall  only  be  influenced  by  competent  evidence 
and  that  he  shall  correctly  apply  the  established  rules  of  law 
and  equity  to  the  evidence  is  as  clear  and  indisputable  as  is  his 
right  to  demand  that  the  verdict  of  a  jury  shall  not  be  the 
result  of  the  influence  upon  their  minds  of  incompetent  testi- 
mony or  incorrect  views  as  to  the  law.  Why,  then,  is  it  that 
in  a  chancery  case  the  appellate  tribunal  concerns  itself,  except- 
ing in  a  very  few  eases,  only  with  the  question  whether  ,the 
result  reached  by  the  chancellor  is  clearly  contrary  to  the  law 
and  the  evidence,  while  in  a  case  tried  by  jury  it  concerns  itself, 
excepting  in  a  very  few  instances,  solely  with  the  question 
whether  the  result  reached  might  not  have  been  brought  about 
by  erroneous  rulings  of  the  court? 

When  we  examine  the  decisions  of  the  supreme  court  and  of 
the  appellate  courts  in  cases  tried  by  jury,  we  cannot  but  be 
impressed  with  the  conviction  that,  in  that  class  of  cases,  appel- 
late tribunals  have,  to  a  large  extent,  gradually  become  mere 
debating  schools  in  which,  ^n  any  given  case,  the  question  is 
not  whether  the  verdict  is  fairly  supported  by  the  evidence,  but 
it  is  whether  the  instructions  given  to  the  jury  have  been 
framed  with  that  degree  of  accuracy  that  makes  them  not  sub- 
ject to  criticism.     The  result  has  been  disastrous.     Instructions 


234  PRACTICE    IN    THE    MUNICIPAL    COURT. 

which,  if  given  fifty  years  ago  in  the  trial  of  a  case  by  jury, 
would  not  have  been  assailed  as  inaccurate  by  any  lawyer  in 
good  standing,  have,  through  the  assiduous  cultivation  by  lawyers 
and  judges  of  the  art  of  criticism,  come  to  be  viewed  as  so  erro- 
neous as  to  vitiate  a  verdict  otherwise  unimpeachable.  Argu- 
ments which,  if  made  then,  would  have  been  characterized  as 
puerile,  are  allowed  now  to  accomplish  the  reversal  of  judg- 
ments. To  have  a  realizing  sense  of  the  utter  ridiculousness 
of  the  present  situation  we  have  only  to  imagine  Lincoln  and 
Douglass  arguing  at  the  bar,  and  Caton,  Treat  and  Trumbull 
deliberating  in  the  conference  room  upon  such  questions  as 
whether  a  judgment  should  be  reversed  because  of  the  omission 
of  ''from  the  evidence"  after  "if  the  jury  believe,"  or  "if  the 
jury  find"  {City  of  Freeport  v.  Ishell,  83  111.,  440),  or  because 
"from  the  evidence"  was  only  in  the  middle  of  the  instruction 
{T.  W.  TT.  Ry.  Co.  v.  Lockhart,  71  111.,  629),  or  only  in  the  tail 
end  (Belden  v.  Woodmansee,  81  111.,  28),  or  whether  a  party 
who,  perceiving  the  presiding  judge  to  be  asleep  during  the 
progress  of  the  trial  and  failing  to  wake  him  up,  could  success- 
fully urge  the  judge's  conduct  as  a  ground  for  a  new  trial 
(C  C.  Ry.  Co.  V.  Anderson,  193  111.,  9),  or  the  multitude  of 
other  similar  questions  which  are  now  daily  argued  before  and 
considered  by  the  supreme  court  and  the  appellate  courts. 

The  system  of  practice  which  has  thus  grown  up  is  vicious, 
not  merely  because  of  the  vexation  and  injustice  it  causes  liti- 
gants who  have  meritorious  causes,  but  also  because  of  its  de- 
moralizing effect,  both  upon  the  bench  and  upon  the  bar.  Many 
great  questions  are  presenting  themselves  to  the  courts  for 
solution  and  they  need  careful  and  thorough  consideration  hy 
great  and  broad-minded  men.  But  how  can  judges  devote  the 
necessary  time  to  these  great  questions  and  acquire  the  intellec- 
tual strength  needed  for  their  proper  consideration,  when  their 
time  is  so  largely  taken  up  with  such  trifles  as  those  above  men- 
tioned ? 

To  correct  the  evils  thus  pointed  out  the  Municipal  Court 
Act  (section  37)   provides  as  follows: 

"Section  37.  That  in  trials  by  jury  in  the  municipal  court, 
the  court  shall  charge  the  jury  as  to  the  law  onlj^,  and  the 
charge  may,  in  the  discretion  of  the  court,  be  given  orally  or  in 


INSTRUCTING  THE  JURY.  235 

writing,  but  when  given  orally,  it  shall  be  taken  down  in  short- 
hand and  at  the  request  of  either  party  a  transcript  thereof 
shall  be  made  and  filed  in  the  cause  in  which  such  charge  Is 
given  and  shall  be  made  a  part  of  the  record  in  such  case." 

By  virtue  of  these  and  other  provisions,  the  practice  now  pre- 
vailing in  the  circuit,  superior  and  criminal  courts  will  be 
varied  from  in  the  municipal  court  in  the  following  particulars : 

First.  The  charge  of  the  court  will  be  given  orally  instead 
of  in  writing. 

Second.  The  parties  will  be  permitted  to  present  to  the 
judge,  either  orally  or  in  writing,  requests  to  charge,  which  will 
be  duly  considered  and  passed  upon  by  him. 

Third.  The  jury  will  take  with  them  in  their  retirement  only 
their  recollections  of  the  rules  of  law  announced  in  the  charge, 
instead  of  a  number  of  written  propositions,  each  having  the 
word  "given"  written  upon  its  margin,  and  a  portion  pur- 
porting to  be  ''instructions  for  the  plaintiff"  and  the  remain- 
ing portion  ''instructions  for  the  defendant." 

Fourth.  In  order  that  errors  may  be  corrected  before  the  ver- 
dict, the  court  will  require  errors  and  inaccuracies  in  the  charge, 
as  given,  as  well  as  in  refusals  to  charge  as  requested,  to  be 
pointed  out  and  exceptions  to  be  taken  before  the  jury  retire, 
instead  of  allowing  them  after  the  verdict.  Exceptions  to  the 
charge,  moreover,  will  not  be  permitted  to  be  mere  formalities, 
but  the  attorneys  of  the  respective  parties  will  be  required  in 
good  faith  to  point  out  specially  and  intelligibly  the  corrections 
which  they  wish  to  be  made. 

Fiftli.  In  cases  involving  not  exceeding  $1,000  errors  in  the 
charge  will  not  be  sufficient  to  secure  a  reversal  of  a  judgment 
merely  because  they  might  have  affected  the  result,  for,  by  the 
seventh  clause  of  section  23,  it  is  provided  that  "no  order  or 
judgment  so  sought  to  be  reviewed  shall  be  reversed  unless  the 
supreme  court  or  appellate  court,  as  the  case  may  be,  shall  be 
satisfied  .  .  .  that  such  order  or  judgment  is  contrary  to  the 
law  and  the  evidence,  or  that  such  order  or  judgment  resulted 
from  substantial  errors  of  said  municipal  court  directly  affect- 
ing the  matters  at  issue  between  the  parties. ' ' 


PART  III.     APPELLATE  PROCEDURE. 

CHAPTER   I. 

APPELLATE   PROCEDURE   IN  CASES  OF  THE  FIRST, 
SECOND  AND  THIRD  CLASSES. 

These  cases  are  those  included  within  divisions  first,  second 
and  third  of  section  2.  All  civil  cases  of  these  classes  are  review- 
able both  by  appeal  and  writ  of  error,  but  all  criminal  cases  are 
reviewable  by  writ  of  error  only.  Appeals  are  to  be  taken  to 
and  writs  of  error  prosecuted  from  the  supreme  court  in  all 
criminal  eases  above  the  grade  of  misdemeanors,  cases  in  wdiich 
a  franchise  or  freehold,  or  the  validity  of  a  statute  or  construc- 
tion «f  the  constitution  is  involved,  and  in  all  cases  relating  to 
the  revenue  or  in  which  the  state  is  interested  as  a  party  or 
otherwise.  In  all  other  cases  appeals  are  to  be  taken  to  and 
writs  of  error  prosecuted  from  the  appellate  court.  These  pro- 
visions are  the  same  as  those  governing  appeals  from  and  writs 
of  error  to  circuit  courts.     (Section  22.) 

Section  22  declares  that  "the  practice  in  cases  of  appeals  from 
(or) writs  of  error  to  said  municipal  court  in  said  cases  (i,  e., 
cases  of  the  first,  second  and  third  classes,)  shall,  except  as  in 
this  act,  or  by  the  rules  of  said  court  adopted  in  pursuance 
hereof,  may  be  otherwise  provided,  be  the  same,  as  near  as  may 
be,  as  the  practice  in  cases  of  appeal  from  (or)  writs  of  error 
to  circuit  courts  in  similar  cases.  But  no  appeal  shall  be 
allowed  in  any  case  unless  the  same  be  prayed  for  within  twenty 
days  after  the  entry  of  the  order,  judgment  or  decree  appealed 
from,  and  no  assignment  of  error  in  the  supreme  court  or  in 
the  appellate  court  in  any  such  case  shall  be  allowed,  whicli 
shall  call  in  question  the  decision  of  the  municii)al  court  in 
respect  to  any  matter  pertaining  to  the  practice  in  said  court : 
Provided,  hoivever,  that  the  supreme  court  or  the  appellate  court, 
as  the  case  may  be,  may  grant  relief  from  any  error  of  the 
municipal  court  in  respect  to  a  matter  of  practice  therein  in  any 
case  where,  in  the  opinion  of  the  supreme  court  or  appellate 
court,  such  relief  is  necessary  to  prevent  a  failure  of  justice." 

236 


APPELLATE  PROCEDURE.  "       237 

The  particulars  in  which  the  practice  in  the  municipal  court 
differs  from  that  in  the  circuit  court,  as  the  result  of  the  vari- 
ous provisions  of  the  Municipal  Court  Act,  may  be  stated  as 
follows : 

First.  An  appeal  in  the  municipal  court  must  be  prayed 
within  twenty  days  after  the  entry  of  the  order,  judgment  or 
decree  appealed  from.     (Section  22.) 

Second.  Authenticated  copies  of  records  of  judgments,  orders 
and  decrees  appealed  from  must  be  filed  in  the  office  of  the  clerk 
of  the  supreme  court  or  of  the  appellate  court,  as  the  case  may 
be,  on  or  before  the  second  day  of  the  succeeding  term  of  said 
courts,  provided  twenty  days  shall  have  intervened  between  the 
day  on  which  the  judgment,  order  or  decree  appealed  from  shall 
have  been  entered  and  the  sitting  of  the  court  to  which  the 
appeal  shall  be  taken;  but  if  ten  (10)  and  not  twenty  (20)  days 
shall  have  intervened  as  aforesaid,  then  the  record  shall  be  filed 
as  aforesaid  on  or  before  the  tenth  day  of  said  succeeding  term. 
The  general  practice  act  (Hurd's  R.  S.  of  1905,  par.  73,  p.  1541) 
requires  the  record  to  be  filed  on  or  before  the  second  day  of  the 
succeeding  term  of  the  supreme  court  or  of  the  appellate  court, 
provided  twenty  days  shall  have  intervened  between  the  last  day 
of  the  term  at  which  the  judgment,  order  or  decree  appealed 
from  shall  have  been  entered  and  the  sitting  of  the  court  to  which 
the  appeal  shall  be  taken.  There  being  no  terms  of  the  municipal 
court  (section  21)  conformity  "as  near  as  may  be"  is  accom- 
plished by  requiring  the  practice  in  the  municipal  court  to  be  as 
above  indicated. 

Third.  A  bill  of  exceptions  will  not  be  held  defective  for 
want  of  the  seal  of  the  judge.     (Section  38.) 

Fourth.  Rulings  of  the  trial  court  are  to  be  subject  to  re- 
view, though  the  bill  of  exceptions  recites  no  formal  exceptions 
thereto,  provided  it  appears  that  the  rulings  sought  to  be  re- 
viewed were  made  against  the  objection  of  the  party  complain- 
ing thereof.     (Section  38.) 

Fifth.  Upon  the  prosecution  of  an  appeal  or  writ  of  error, 
the  original  bill  of  exceptions,  in  lieu  of  a  certified  copy  thereof, 
is  to  be  inserted  in  the  transcript  of  the  record,  unless  the  mu- 
nicipal court  shall  otherwise  direct,  and  upon  the  final  deter- 
mination of  the  appeal  or  writ  of  error  such  original  bill  of  ex- 
ceptions is  to  be  remitted  to  the  municipal  court.     (Section  38.) 


238  PRACTICE   IN   THE   MUNICIPAL   COURT. 

In  the  circuit  court  the  insertion  of  the  original  bill'  of  excep- 
tions in  the  transcript  of  the  record  can  only  be  accomplished  by 
the  agreement  of  the  parties,  and  upon  the  final  determination  of 
the  appeal  or  writ  of  error  no  method  is  prescribed  for  securing 
its  return  to  the  trial  court.  If  proof  of  its  contents  is  required, 
it  can  only  be  obtained  by  means  of  a  certified  copy. 

Sixth.  The  supreme  court  and  appellate  courts,  in  cases 
brought  to  them  from  the  municipal  court  by  appeal  or  writ  of 
error,  take  judicial  notice  of  the  rules  of  practice  from  time  to 
time  in  force  in  the  municipal  court.  (Section  20.)  The  prac- 
tice is  otherwise  in  cases  of  appeals  from  or  writs  of  error  to 
circuit  courts.  In  such  cases  the  supreme  court  or  the  appellate 
court  only  notices  the  rules  of  practice  of  the  circuit  court  when 
they  are  embodied  in  the  bill  of  exceptions. 

Seiventh.  The  supreme  court  and  the  appellate  courts,  in  ap- 
peals from  and  writs  of  error  to  the  municipal  court,  will  take 
judicial  notice,  first,  of  all  general  ordinances  of  the  city  of  Chi- 
cago and  all  general  ordinances  of  every  municipal  corporation 
situated  in  whole  or  in  part  within  the  limits  of  the  city  of  Chi- 
cago, and,  second,  of  all  laws  of  a  public  nature  enacted  by  any 
state  or  territory  of  the  United  States.  This  follows  from  the 
provisions  of  section  54  by  which  the  municipal  court  is  required 
to  take  judicial  notice  of  those  matters. 

Eighth.  By  the  terms  of  section  31  no  assignment  of  error  is 
to  be  allowed  which  shall  call  in  question  any  ruling  of  the  court 
pertaining  to  or  connected  with  the  impaneling  of  a  jury,  other 
than  one  improperly  restricting  the  right  of  the  defendant  to 
examine  the  jurors  as  to  bias  or  prejudice,  or  improperly  over- 
ruling a  challenge  by  the  defendant  of  a  juror  for  bias  or  preju- 
dice.    (Section  31.) 

Ninth.  The  decisions  of  the  municipal  court  with  respect  to 
questions  of  practice  can  only  be  reviewed  by  the  supreme  court 
or  appellate  court  where,  in  the  opinion  of  the  supreme  court  or 
appellate  court,  such  review  is  necessary  to  prevent  a  failure  of 
justice.  This  provision  is  emphasized  by  being  inserted  not  only 
in  section  19,  but  also  in  section  22.  It  is  far  reaching  in  its 
consequences,  much  more  so  than  it  appears  to  be  at  first  blush. 
Its  efiPect  is  to  eliminate,  unless  a  failure  of  justice  would  neces- 
sarily follow  therefrom,  all  questions  excepting  those  which  bear 
upon  the  substantive  rights  of  the  parties.     "The    mode    and 


APPELLATE  PROCEDURE.  239 

order  of  procedure  in  obtaining  compensation  for  an  injury  by 
action  or  suit  in  the  legallj^  established  courts  from  the  incep- 
tion of  such  suit,  until  it  ends  in  the  final  determination  of  the 
court  of  last  resort,  is  all  comprehended  in  the  term  '  practice. '  ' ' 
Fleischman  v.  Walker,  91  111.  318.  Bouvier  defines  practice  to 
be  "the  form,  manner  and  order  of  conducting  and  carrying  on 
suits  or  prosecutions  in  the  courts  through  their  various  stages, 
according  to  the  principles  of  law  and  the  rules  laid  down  by 
the  respective  courts."  The  only  matters,  then,  which  are  abso- 
lutely and  unconditionally  subject  to  review  by  the  supreme 
court  or  the  appellate  court  upon  appeal  or  writ  of  error  in 
cases  of  the  first,  second  and  third  classes,  are  the  following : 

1.  A  ruling  denying  the  right  of  trial  by  jury  guaranteed  by 
section  5  of  the  Bill  of  Rights. 

2.  A  ruling  improperly  restricting  the  right  of  a  defendant 
to  examine  jurors  as  to  bias  or  prejudice,  or  improperly  over- 
iniling  a  challenge  by  the  defendant  of  a  juror  for  bias  or  preju- 
dice.    (Section  31.) 

3.  A  ruling  excluding  competent  evidence. 

4.  A  ruling  admitting  incompetent  evidence. 

5.  The  giving  of  improper  instructions  to  the  jury  as  to  the 
law  of  the  case. 

6.  The  refusal  to  give  to  the  jury  proper  instructions  as  to 
the  law  of  the  case. 

7.  A  finding  by  the  court  contrary  to  the  law  and  the  evi- 
dence in  a  case  tried  without  a  jury. 

8.  A  verdict  of  a  jury  contrary  to  the  law  and  the  evidence. 

9.  The  entry  of  a  judgment  not  warranted  by  the  finding  or 
verdict,  nor  by  the  pleadings. 

10.  Any  other  ruling  by  which  a  plaintiff  is  denied  a  recov- 
ery, in  whole  or  in  part,  for  that  to  which,  under  the  law  and  the 
evidence,  he  appears  to  be  entitled,  or  by  Avhich  a  judgment  is 
rendered  against  a  defendant  which,  in  whole  or  in  part,  is  not 
justified  by  the  law  and  the  evidence. 

It  is  believed  that  the  foregoing  include  all  the  rulings  of  the 
municipal  court  in  cases  of  the  first,  second  and  third  classes  as 
to  which  there  is  an  unlimited  and  unrestricted  right  of  review 
in  the  supreme  court  or  appellate  court,  and  that  all  other  rul- 
ings fall  within  those  pertaining  to  ' '  the  form,  manner  and  order 
of  conducting  and  carrying  on  suits  or  prosecutions  in  the  courts, 


240  PRACTICE   IN   THE   MUNICIPAL   COURT. 

through  their  various  stages,  according  to  the  principles  of  law 
and  the  rules  laid  down  by  the  respective  courts." 

It  would  be  impracticable  to  enumerate  all  of  the  rulings 
which  fall  within  the  category  of  rulings  as  to  matters  of  prac- 
tice. Only  a  few  of  them  will  be  here  enumerated.  Among  such 
rulings  are  the  following : 

1.  E-ulings  as  to  the  right  to  open  and  close  the  argument  to 
a  jury. 

2.  Rulings  in  the  impaneling  of  the  jury  other  than  those 
relating  to  bias  or  prejudice. 

3.  Rulings  permitting  questions  upon  cross-examination 
which  are  strictly  proper  only  on  direct  examination. 

4.  Rulings  as  to  remarks  of  the  trial  judge  during  the  prog- 
ress of  a  trial  by  jury, 

5.  Rulings  as  to  the  arg-uments  of  counsel. 

6.  Rulings  restricting  the  right  of  cross-examination. 

7.  Rulings  limiting  the  arguments  to  the  jury. 

8.  Rulings  as  to  the  proper  method  of  serving  process. 

The  above  will  serve  as  illustrations  of  the  rulings  which  the 
parties  litigant  will  not  have  the  unrestricted  right  to  have  re- 
viewed upon  appeal  or  writ  of  error  by  the  supreme  court  or 
appellate  court.  There  are  many  others  which  will  occur  to  the 
active  practitioner.  It  is,  however,  wisely  provided  by  the  act 
that  the  municipal  court  wall  not  be  wholly  unrestrained  with 
respect  to  its  decisions  upon  matters  of  practice.  Whenever  the 
supreme  court  or  appellate  court  can  say  that  an  erroneous  rul- 
ing upon  a  question  of  practice  has  produced  injustice,  the  re- 
viewing court  can  grant  the  injured  party  relief. 

This  will  seem  a  radical  departure  from  existing  methods  of 
procedure  to  those  who  look  with  favor  upon  a  system  which 
recognizes  a  long  list  of  "reversible"  or  "prejudicial"  errors, 
which  are  allowed  to  work  the  reversal  of  judgments,  not  be- 
cause they  have  produced  injustice  or  accomplished  an  unjust 
result,  but  because  technically  they  might  have  done  so.  But  to 
the  vast  majority  of  the  profession  it  is  apparent  that  no  reform 
in  our  method  of  procedure  has  been  more  urgently  needed  than 
one  which  requires  reviewing  courts  to  look  to  the  very  right 
and  justice  of  the  case,  and  not  concern  themselves  with  results 
which  might  possibly  have  been  reached  had  there  been  a  slight 
variation  in  the  procedure  of  the  trial  court. 


CHAPTER  n. 

APPELLATE  PROCEDURE  IN  CASES  OF  THE  FOURTH 
AND  FIFTH  CLASSES. 

These  cases  are  those  included  within  divisions  fourth  and 
fifth  of  section  2.  They  are  all  civil  and  quasi  criminal  cases, 
when  the  amount  sought  to  be  recovered  in  money  or  personal 
property  does  not  exceed  $1,000,  and  actions  of  forcible  detainer. 
The  appellate  procedure  in  these  two  classes  of  eases  differs  from 
that  in  cases  of  appeals  from  or  writs  of  error  to  circuit  courts 
in  the  following  particulars: 

First.  The  final  orders  and  judgments  of  the  municipal  court 
in  cases  of  the  fourth  and  fifth  classes  are  to  be  reviewed  by 
writ  of  error  only.     (Section  23.) 

Second.  In  cases  relating  to  the  revenue,  or  in  which  the 
state  is  interested  as  a  party  or  otherwise,  the  writ  of  error  is 
to  be  sued  out  of  the  appellate  court  instead  of  out  of  the 
supreme  court.     (Section  23.) 

Third.  Any  party  against  whom  there  has  been  rendered  any 
final  order  or  judgment  of  the  municipal  court,  and  who  shall 
desire  to  obtain  a  review  of  such  final  order  or  judgment  by 
writ  of  error,  may  obtain  from  the  municipal  court  a  stay  of 
execution  upon  such  order  or  judgment  for  ninety  days  after  the 
entry  thereof  by  the  giving  of  a  bond  with  sufficient  surety  or 
sureties  to  be  approved  by  a  judge  of  the  municipal  court,  con- 
ditioned for  the  performance  by  such  party  of,  or  his  compli- 
ance with,  such  order  or  judgment,  or  his  payment  of  the  money 
thereby  required  to  be  paid,  and  all  costs  which  may  be  awarded 
the  opposite  party  in  the  supreme  court  or  the  appellate  court, 
as  the  case  may  be,  in  case  a  writ  of  error  to  review  such  order 
or  judgment  shall  not  be  sued  out  within  thirty  days  after  the 
date  thereof,  or  in  case,  upon  the  suing  out  and  prosecution  of 
such  writ  of  error,  the  order  or  judgment  shall  be  affirmed  by 
the  supreme  court  or  appellate  court,  as  the  case  may  be.  No 
other  or  further  stay  of  proceedings  or  execution  in  any  such 
If.  241 


2-12  PIIACTICE  IN   THE   MUNICIPAL   COL'HT. 

case  shall  Ijc  allowed  by  the  municipal  court,  but  the  supreme 
court  or  the  appellate  court,  or  any  judge  thereof,  may  allow  a 
supersedeas  as  in  other  cases,  but  upon  the  allowance  of  any 
supersedeas  when  any  bond  has  been  given  as  above  provided, 
no  additional  bond  shall  be  required  and  sueh  supersedeas  shall 
be  operative  until  the  final  determination  of  such  writ  of  eiTor. 
(Section  23.) 

Fourth.  If,  upon  an  application  to  the  supreme  court  or 
appellate  court  or  to  any  judge  thereof  for  a  supersedeas,  the 
same  shall  be  denied,  such  order  or  judgment  shall  stand 
affirmed  and  no  further  proceedings  shall  be  had  in  said  supreme 
court  or  appellate  court  with  respect  thereto,  unless  the  supreme 
court  or  appellate  court,  or  the  judge  denying  such  supersedeas, 
shall  otherwise  order.     (Section  23.) 

Fifth.  The  party  in  whose  favor  any  final  order  or  judg- 
ment shall  be  entered  shall  be  entitled  to  sue  out  a  writ  of  error 
from  the  supreme  court  or  the  appellate  court,  as  the  case  may 
be,  by  depositing  with  the  clerk  of  the  court  from  which  said 
writ  of  error  is  sued  out  the  sum  of  $20  as  security  to  the  oppo- 
site party  for  such  costs  as  may  be  awarded  such  opposite  party 
by  the  supreme  court  or  the  appellate  court,  as  the  case  may  be, 
upon  the  final  determination  of  such  writ  of  error.  (Sec- 
tion 23.) 

Sixth.  The  party  suing  out  any  writ  of  error  shall  not  be 
required  to  serve  upon  the  opposite  party  any  scire  facias  to 
hear  errors,  but  in  lieu  thereof  shall,  within  five  days  after  the 
issuance  of  the  writ  of  error,  file  the  same  with  the  clerk  of 
said  municipal  court  and  make  to  the  supreme  court  or  the 
appellate  court,  as  the  case  may  be,  proof  of  sueh  filing,  and 
such  writ  of  error  so  filed  shall  be  notice  to  the  opposite  party 
of  the  suing  out  and  prosecution  of  such  writ  of  error.  (Sec- 
tion 23.) 

Seventh.  No  bill  of  exceptions  is  required.  In  lieu  thereof 
the  judge,  at  the  request  of  either  party,  will  sign  a  correct  state- 
ment of  the  facts  appearing  upon  the  trial  and  of  all  questions 
of  law  involved  and  the  decisions  of  the  court  upon  the  ques- 
tions of  law,  or  a  correct  stenographic  report  of  the  proceed- 
ings at  the  trial,  the  original  of  which,  together  with  a  certified 
transcript  of  the  judgment,  is  to  be  certified  to  the  supreme 
court  or  the  appellate  court,  as  the  case  may  be,  as  the  record  to 


APPELLATE  PKOCEDUKE.  243 

be  considered  upon  the  review  of  such  order  or  judgment  by 
writ  of  error.     (Section  23.) 

Eighth.  No  exceptions  to  the  rulings  and  decisions  of  the 
municipal  court  upon  the  trial  are  necessary  to  the  right  of 
either  party  to  a  review  of  such  rulings  in  the  supreme  court  or 
appellate  court  upon  their  merits,  but  it  will  be  the  duty  of  the 
supreme  court  or  the  appellate  court,  as  the  case  may  be,  to 
decide  such  case  upon  its  merits  as  they  may  appear  from  such 
statement  or  stenographic  report  signed  by  the  judge.  (Sec- 
tion 23.) 

Ninth.  No  order  or  judgment  is  to  be  reversed  unless  the 
supreme  court  or  the  appellate  court  shall  be  satisfied  from  said 
statement  or  stenographic  report  signed  by  the  judge  that  such 
order  or  judgment  is  contrary  to  the  law  and  the  evidence,  or 
that  such  order  or  judgment  resulted  from  substantial  errors  of 
said  municipal  court  directly  affecting  the  matters  at  issue  be- 
tween the  parties,  in  which  last  mentioned  case  the  supreme 
court  or  appellate  court,  as  the  case  may  be,  may  enter  such 
order  or  judgment  as,  in  its  opinion,  the  municipal  court  ought 
to  have  entered,  or  it  may  reverse  the  said  order  or  judgment 
and  remand  the  case  to  the  municipal  court  for  further  pro- 
ceedings.    (Section  23.) 

Tenth.  Decisions  on  questions  of  practice  cannot  be  called  in 
question  in  the  supreme  court  or  appellate  courts  excepting 
where  that  course  may  be  necessary  to  prevent  a  failure  of  jus- 
tice.    (Section  23.) 

Eleventh.  Exceptions  to  the  decisions  of  the  municipal  court 
are  unnecessary  to  the  right  of  either  party  to  have  the  rulings 
of  the  municipal  court  reviewed.     (Section  23.) 

Twelfth.  The  supreme  court  and  appellate  courts,  in  cases 
brought  to  them  from  the  municipal  court  by  appeal  or  writ  of 
error,  will  take  judicial  notice  of  the  rules  of  practice  from  time 
to  time  in  force  in  the  municipal  court  (section  20),  and  also  of 
all  general  ordinances  of  the  city  of  Chicago  and  all  general 
ordinances  of  every  municipal  corporation  situated  in  whole  or 
in  part  within  the  limits  of  the  city  of  Chicago  and  of  all  laws 
of  a  public  nature  enacted  by  any  state  or  territory  of  the 
United  States.     (Section  54.) 

It  is  believed  that  these  provisions  are  so  plain  that  the  prac- 
titioner will  have  no  difficulty  with  respect  to  the  appellate 
procedure  in  cases  of  the  fourth  and  fifth  classes. 


PART  IV.     THE  PRACTICE   IN   CRIMINAL 

CASES. 

CHAPTER  I. 

THE  PRACTICE  IN  CRIMINAL  CASES  IN  GENERAL. 

Criminal  cases  are  either  of  the  second  class  or  of  the  third 
class.  In  cases  of  the  second  class  are  included  all  criminal 
cases  which  may  be  transferred  to  the  municipal  court,  by 
change  of  venue  or  otherwise,  bj'  the  criminal  court  of  Cook 
county  for  trial  and  disposition.  Section  24  provides  that  "the 
criminal  court  of  Cook  county  may,  in  its  discretion,  upon  the 
request  of  the  state's  attorney  or  of  any  defendant,  transfer  to 
the  municipal  court  for  trial  and  disposition  any  case  therein 
pending-,  and  shall  have  power  to  make  all  orders  which  it  may 
deem  necessary  to  aocomplish  such  transfer  and  secure  the 
attendance  of  the  parties  and  witnesses  upon  said  municipal 
court  until  the  final  disposition  of  the  case,  and  said  municipal 
court,  when  any  criminal  case  shall  have  been  so  transferred  to 
it,  shall  exercise  all  the  powers,  with  respect  to  the  trial  and  dis- 
position of  said  case,  which  the  said  criminal  court  of  Cook 
county  might  have  exercised  had  said  case  not  been  so  trans- 
ferred. All  judgments  of  conviction  in  criminal  cases  in  said 
municipal  court,  where  the  punishment  inflicted  is  death  or  im- 
prisonment, shall  be  carried  into  execution  in  the  same  manner 
as  is  provided  by  law  for  similar  cases  in  said  criminal  court  of 
Cook  county." 

Section  24  also  declares  that  "in  all  eases  transferred  as  afore- 
said to  said  municipal  court,  the  practice  in  respect  to  the  trial 
and  disposition  thereof  shall  be  the  same  as  that  prevailing  in 
the  respective  courts  from  which  the  same  have  been  trans- 
ferred unless  the  parties  shall  consent  that  the  trial  and  dispo- 
sition thereof  shall  be  governed  by  the  rules  of  practice  prevail- 
ing in  said  municipal  court  in  cases  commenced  therein."  The 
construction  of  this  provision  is  involved  in  some  doubt.     The 

244 


PRACTICE  IN  CRIMIN.VL  CASES.  245 

view  of  the  author  is  that,  when  talcen  in  connection  with  the 
other  provisions  of  the  act,  it  is  intended  to  make  inapplicable 
to  cases  thus  transferred  all  provisions  of  the  Municipal  Court 
Act  which  by  their  terms  are  expressly  declared  to  be  applicable 
only  to  cases  commenced  in  the  municipal  court,  to-wit,  cases  of 
the  first,  third,  fourth  and  fifth  classes,  and  to  leave  applicable 
the  provisions  of  sections  31,  32,  33,  34,  35,  36  and  37.  The 
author's  views  of  this  question  are  expressed  fully  in  Chapter 
II,  Part  II,  ante. 

In  cases  of  the  third  class  are  included  all  criminal  cases  in 
which  the  punishment  is  by  fine  or  imprisonment  otherwise  than 
in  the  penitentiary  and  which  are  commenced  in  the  municipal 
court.  These  cases  are  enumerated  and  the  statutory  provisions 
concerning  them  are  set  forth  in  the  succeeding  chapter. 

Assuming  the  author  is  right  in  his  interpretation  of  section 
24,  the  method  of  procedure  in  all  criminal  cases  in  the  munic- 
ipal court  will  be  the  same  as  in  similar  cases  in  the  criminal 
court  of  Cook  county,  with  the  following  exceptions : 

First.  All  cases  of  the  third  class  will  be  prosecuted  by  in- 
formation of  the  attorney  general  or  state's  attorney  or  some 
other  person,  excepting  that  in  cases  in  which  the  punishment  is 
by  fine  only,  not  exceeding  five  hundred  dollars  ($500),  the 
prosecution  may  be  by  complaint.  An  information  presented  by 
the  attornej^  general  or  state's  attorney  should,  ordinarily,  be 
verified  or  accompanied  by  the  affidavit  of  some  person  cogni- 
zant of  the  facts,  setting  forth  that  the  facts  contained  in  it  are 
true  of  his  own  knowledge  or  as  he  is  informed  and  believes. 
This  is  not  expressly  required  by  the  statute,  but  it  is  believed 
it  will  be  found  more  satisfactory  to  require,  unless  in  very 
exceptional  cases,  that  such  an  affidavit  accompany  the  informa- 
tion proposed  to  be  filed.  When  the  information  is  filed  by 
some  other  person  than  the  attorney  general  or  state's  attorney, 
it  must  be  verified  by  the  affidavit  of  such  person  that  the  same 
is  true  or  that  the  same  is  true  as  he  is  informed  and  believes. 
In  either  ease  the  judge  to  whom  the  information  is  presented 
should  satisfy  himself  that  there  is  probable  cause  for  filing  the 
information  before  permitting  it  to  be  filed.     (Section  27.) 

Second.  Any  person  committed  for  a  criminal  or  supposed 
criminal  offence,  and  not  admitted  to  bail  and  not  tried  within 
four  months  after  the  date  of  arrest,  is  to  be  set  at  liberty  by 


246  PRACTICE   IN   THE   MUNICIPAL   COURT. 

the  court,  unless  the  delay  happen  ou  the  application  of  the  pris- 
oner, or  unless  the  court  is  satisfied  that  due  exei-tion  has  been 
made  to  procure  the  evidence  on  the  part  of  the  people  aud  that 
there  is  reasonable  ground  to  believe  that  such  evidence  may  be 
procured  withiu  the  next  sixty  days,  in  which  case  the  court  may 
continue  the  case  for  such  time  as  the  court  may  deem  necessary, 
not  exceeding  said  sixty  days.  If  the  person  be  not  tried  within 
said  sixty  days  no  further  continuance  is  to  be  granted  aud  he 
is  to  be  set  at  liberty  by  the  court.     (Section  27.) 

Third.  A  trial  by  jury  in  a  case  of  the  third  class  is  to  be 
deemed  waived  unless  the  defendant  expressly  demands  such 
trial.  (Section  30.)  Nevertheless,  it  will  probably-  be  the  safer 
practice  to  try  all  criminal  cases  by  jury,  unless  the  defendant 
executes  a  formal  waiver  in  w^riting  as  provided  by  the  act  enti- 
tled "xVn  act  to  provide  a  trial  by  jury  in  all  cases  where  a  judg- 
ment may  be  satisfied  by  imprisonment,"  approved  June  17, 
1893.  (Laws  of  1893,  p.  96,  Hurd's  R.  S.  of  1905,  paragraph 
102,  p.  1546.) 

Fourth.  All  judgments  and  orders  become  final  after  the 
lapse  of  thirty  days  from  the  entry  thereof.  During  such  thirty 
days  they  are  subject  to  be  vacated,  set  aside  or  modified  in  the 
same  manner  and  to  the  same  extent  as  judgments,  decrees  or 
orders  of  a  circuit  court  during  the  term  at  which  the  same 
were  rendered.     (Section  21.) 

Fifth.  In  trials  by  jury  the  judge  presiding  at  the  trial  is 
required  to  examine,  or  cause  to  be  examined,  all  jurors  called 
into  the  jury  box  with  respect  to  their  statutory  qualifications 
and  to  permit  the  parties  to  propound  to  the  jurore  such  perti- 
nent questions  as  may  be  necessary  for  the  purpose  of  ascertain- 
ing whether  the  jurors  are  biased  or  prejudiced.  The  only  rul- 
ings of  the  court  with  respect  to  the  impaneling  of  the  jury 
which  may  be  reviewed  upon  appeal  or  writ  of  error,  are  those 
which  are  claimed  to  have  restricted  the  right  of  the  defendant 
to  examine  the  jurors  as  to  bias  or  prejudice,  or  by  which  a  chal- 
lenge by  the  defendant  of  a  juror  for  bias  or  prejudice  has  been 
improperlj-  overruled.     (Section  31.) 

Sixth.  Orders  in  pending  cases  may  be  made  by  any  judge 
at  any  place  within  the  city  of  Chicago  upon  the  application  of 
either  party  and  upon  reasonable  notice  to  the  opposite  party, 
whenever,  in  the  opinion  of  the  judge,  the  granting  of  the  order 


PRACTICE  IN  CRIMINAL  CASES.  247 

at  such  place  is  in  furtherance  of  justice.  Orders  thus  made 
are  to  be  as  effective  as  if  made  in  any  court  room  or  in  the 
chambers  of  the  judge.     (Section  35.) 

Seventh.  The  charge  to  the  jury  in  cases  tried  by  jury  may, 
in  the  discretion  of  the  court,  be  given  orally  and,  when  so  given, 
it  is  to  be  taken  down  in  shorthand  and  at  the  request  of  either 
party  a  transcript  thereof  is  to  be  made  and  filed  in  the  cause 
in  which  the  charge  is  given  and  made  a  part  of  the  record 
thereof.  When  an  oral  charge  is  given  exceptions  thereto  will  be 
required  to  be  taken  before  the  jury  retire,  in  order  that  errone- 
ous statements  of  the  judge  as  to  the  law,  which  are  the  result 
of  inadvertance,  may  be  then  and  there  corrected.  The  parties 
will,  of  course,  be  pennitted  to  present  to  the  judge,  either  orally 
or  in  writing,  requests  to  charge  which  will  be  duly  considered 
and  passed  upon  by  him,  and  exceptions  may  be  taken  to  refusals 
to  charge  as  requested.     (Section  37.) 

Eighth.  The  provisions  for  changes  of  venue  for  causes 
other  than  the  prejudice  of  the  judges  made  applicable  in  the 
circuit  courts  will  all  be  applicable  in  the  municipal  court,  ex- 
cepting those  which  make  a  distinction  between  applications  at 
the  first  term  of  court  and  those  made  at  subsequent  terms. 
There  being  no  terms  in  the  municipal  court  every  application 
for  a  change  of  venue  should,  and  doubtless  will,  be  treated  as 
though  it  were  one  made  at  the  first  term  in  a  circuit  court. 
When  the  cause  is  prejudice  of  the  judge,  a  change  of  venue  will 
not  be  allowed  in  any  case  punishable  by  fine  or  imprisonment 
otherwise  than  in  the  penitentiary,  when  the  applicant  names  in 
his  application  more  than  one  judge  from  whom  the  change  of 
venue  is  desired,  nor  unless  the  petition  is  filed  at  or  before  the 
time  the  defendant  is  required  to  plead.     (Section  39.) 

Ninth.  Upon  the  hearing  of  any  interlocutory  or  other  motion 
or  application,  other  than  one  for  a  change  of  venue,  the  court 
may,  in  its  discretion,  require  the  evidence  to  be  presented  by 
the  oral  examination  of  witnesses  in  open  court  or  otherwise  and 
may  make  all  necessary  orders  for  such  oral  examination.  (Sec- 
tion 34.) 

Tenth.  Bills  of  exceptions  will  not  be  defective  if  signed  by 
the  judge  although  he  may  omit  to  affix  his  seal  thereto.  (Sec- 
tion 38.) 

Eleventh.     Any  erroneous  ruling  made  by  the  municipal  court 


248  PRACTICE   IN   THE   MUNICIPAL   COURT. 

against  the  objection  of  the  party  complaining  thereof,  although 
not  formally  excepted  to,  will  be  subject  to  review  upon  appeal 
or  writ  of  error  to  the  same  extent  and  in  like  manner  as  if  it 
appeared  that  a  formal  exception  had  been  taken.     (Section  38.) 

Twelfth.  Upon  the  prosecution  of  a  writ  of  error  the  original 
bill  of  exceptions  in  lieu  of  a  certified  copy  thereof  will  be  in- 
serted in  the  transcript,  unless  the  municipal  court  otherwise 
directs,  and  upon  the  final  determination  of  the  writ  of  error 
the  original  bill  of  exceptions  will  be  remitted  to  the  municipal 
court.     (Section  38.) 

Thirteenth.  No  assignment  of  error  in  the  supreme  court  or 
in  the  appellate  court  is  to  be  allowed  which  shall  call  in  ques- 
tion the  decision  of  the  municipal  court  in  respect  to  any  matter 
pertaining  to  the  practice  in  said  court,  but  the  supreme  court 
or  the  appellate  court  may  grant  relief  from  any  error  of  the 
municipal  court  in  respect  to  a  matter  of  practice  therein  in  any 
case  where,  in  the  opinion  of  the  supreme  court  or  appellate 
court,  such  relief  is  necessary  to  prevent  a  failure  of  justice. 
(Section  22.) 

Fourteenth.  If,  in  any  case,  the  method  of  procedure  in  vogue 
in  the  circuit  court  is,  in  the  opinion  of  the  judges  of  the  munic- 
ipal court,  not  applicable  and  no  special  provision  is  made  there- 
for in  the  Municipal  Court  Act,  the  court,  may,  in  conducting 
and  disposing  of  the  same,  adopt  such  method  as  may  appear  to 
be  proper  for  the  just  determination  of  the  rights  of  the  par- 
ties.    (Section  51.) 

Fifteenth.  The  court  will  take  judicial  notice,  first,  of  all  gen- 
eral ordinances  of  the  city  of  Chicago  and  of  all  general  ordi- 
nances of  every  municipal  corporation  situated  in  whole  or  in 
part  within  the  limits  of  the  city  of  Chicago,  and,  second,  of  all 
laws  of  a  public  nature  enacted  by  any  state  or  territory  of  the 
United  States.     (Section  54.) 

Sixteenth.  The  records  in  all  such  cases  will  be  kept  in  an 
abbreviated  form.     (Section  62.) 

Seventeenth.  Judgments  in  cases  of  the  second  class  will  be 
liens  upon  real  estate  only  within  the  city  limits,  but  may  be 
made  liens  upon  real  estate  in  Cook  county  outside  of  the  eity 
limits  by  the  filing  of  certified  transcripts  in  the  office  of  the 
recorder  of  Cook  county.  Judgments  in  cases  of  the  third  class 
Mill  only  1)1'  lions  upon  real  estate  from  the  time  of  the  filing  of 


PRACTICE  IN  CRIMINAL  CASES.  249 

transcripts  thereof  in  the  office  of  the  recorder  of  Cook  county. 
When  transcripts  are  so  filed  the  judgments  will  be  liens  upon 
all  real  estate  of  the  judgment  debtors  in  Cook  county.  Execu- 
tions to  be  served  and  levied  within  the  city  limits  will  be 
directed  to  the  bailiff,  but  if  to  be  served  in  Cook  county  outside 
of  the  city  limits  they  will  be  directed  to  the  sheriff  of  Cook 
county  and,  if  they  are  to  be  served  and  levied  in  some  other 
county  than  Cook,  they  will  be  directed  to  the  sheriff  of  such 
county. 

Eighteenth.  All  writs  in  criminal  cases  which,  in  the  circuit 
courts,  are  made  returnable  on  the  first  day  of  a  term  of  court 
succeeding  their  issuance,  will  be  made  returnable  on  such  dates 
as  may  be  fixed  therefor  by  the  court. 


CHAPTER  II. 

STATUTORY  MISDEMEANORS  AND  FORMS  OF  INFOR- 
MATIONS AND  COMPLAINTS. 


As  the  jurisdiction  of  the  municipal  court  in  cases  punishable 
by  death  or  confinement  in  the  penitentiary  is  only  of  such 
cases  as  may  be  transferred  from  the  criminal  court  of  Cook 
county  and  transfers  will  only  be  made  after  indictments  have 
been  found,  it  will  be  sufficient  in  this  work  to  point  out  the 
statutory  provisions  pertaining  to  cases  punishable  by  fine  or 
imprisonment  otherwise  than  in  the  penitentiary,  and  to  furnish 
forms  of  informations  and  complaints  to  fit  those  cases  which 
are  most  likely  to  be  brought  in  the  municipal  court  in  consider- 
able numbers,  and  the  informations  and  complaints  in  which  will, 
as  a  rule,  be  prepared  in  the  various  police  stations  by  officers  of 
the  court  detailed  for  that  purpose. 

The  statutory  provisions  relating  to  misdemeanors  are  to  be 
found  in  numerous  statutes  passed  from  time  to  time  touching 
a  great  variety  of  subjects.  To  collect  them  has  been  a  work 
of  great  difficulty  and  the  author  is  not  sure  but  that  many 
errors  will  be  found  in  this  portion  of  his  work.  It  has  seemed 
to  the  author  best  to  arrange  the  otfences  under  appropriate 
heads  in  alphabetical  order,  and  to  state  the  statutory  provisions 
and  give  forms  of  information  suitable  to  each  class  of  cases. 
The  forms  of  informations  and  complaints  given  below  are  as  ac- 
curate as  it  has  been  practicable  to  make  them  in  the  limited 
time  which  the  author  has  been  able  to  devote  to  the  work. 
Doubtless  many  errors  will  be  found,  but  inasmuch  as  informa- 
tions and  complaints  are  amendable,  those  errors  will  not  seri- 
ously interfere  with  the  trial  of  criminal  cases  on  their  merits. 

250 


STATUTORY    MISDEMEANORS. 


251 


GENERAL  FORMS  OF  INFORMATION. 

NO.    1.      BY   THE  state's   ATTORNEY. 

State  of  Illinois,  ] 

City  of  Chicago,  V  ss.  In  the  Municipal  Court 

District.     )  of  Chicago. 

John  J.  Healy,  State's  Attorney  in  and  for  the  county  of 
Cook  in  the  state  aforesaid,  in  his  own  proper  person  comes  now 
here  into  court  and,  in  the  name  and  by  the  authority  of  the 
People  of  the  State  of  Illinois,  gives  the  court  to  be  informed 
and  understand  that   (here  insert  name  of  defendant)   late  of 

the  said  City  of  Chicago,  heretofore,  to-wit,  on  the day 

of ,  A.  D.  19 .... ,  at  the  city  of  Chicago 

aforesaid  (here  insert  the  words  descriptive  of  the  offense), 
contrary  to  the  form  of  the  statute  in  such  case  made  and  pro- 
vided and  against  the  peace  and  dignity  of  the  People  of  the 
State  of  Illinois. 


State's  Attorney  in  and  for  the  county 
of  Cook  in  the  State  of  Illinois. 


State  of  Illinois,     i 
City  of  Chicago,     r  ^S. 

District.    ) 

(Here  insert  name  of  complaining  witness), 

being  first  duly  sworn  on  his  oath  deposes  and  says 

that  he  is  a  resident  of  the  city  of  Chicago ;  that  he  has  read  the 

foregoing  information  and  knows  the  contents  thereof  and  that 

the  same  is  true. 

Subscribed  and  sworn  to  before  me 

this   day  of 

A.  D.  19 * 

Clerk  of  the  Municipal  Court  of  Chicago. 


252  PRACTICE   IN   THE   MUNICIPAL   COURT. 

No.    2.       BY  PERSONS  OTHER  THAN   THE   STATE 's  ATTORNEY   OR 
ATTORNEY  GENERAL. 

State  of  Illinois,  "j 

City  of  Chicago,   >  ss.  In  the  Municipal  Court 

District.  )  of  Chicago. 

(Here  insert  name  of  complaining  witness)  a  resident  of  the 
city  of  Chicago  in  the  state  aforesaid  in  his  own  proper  person 
comes  now  here  into  court  and,  in  the  name  and  by  the  authority 
of  the  People  of  the  State  of  Illinois,  gives  the  court  to  be  in- 
formed and  understand  that  (here  insert  name  of  defendant) 

late  of  the  said  city  of  Chicago,  heretofore,  to-wit,  on  the 

day  of ,  A.  D.  19 ....  at  the  city  of  Chicago 

aforesaid  (here  insert  the  words  descriptive  of  the  offence),  con- 
trary to  the  form  of  the  statute  in  such  case  made  and  provided 
and  against  the  peace  and  dignity  of  the  People  of  the  State  of 
Illinois. 


State  of  Illinois,    \ 
City  of  Chicago,     >  ss. 

District.  ) 

(Here  insert  name  of  complaining  witness)  being  first  duly 
sworn,  on  his  oath  deposes  and  says  that  he  is  a  resident  of  the 
city  of  Chicago ;  that  he  has  read  the  foregoing  information  by 
him  subscribed  and  that  the  same  is  true. 

Subscribed  and  sworn  to  before  me 

this    day   of 

A.  D.  19 

Clerk  of  the  Municipal  Court  of  Chicago. 

GENERAL  FORM  OF  COMPLAINT. 

State  of  Illinois,  ) 

City  of  Chicago,  V  ss.  In  the  Municipal  Court 

District.  )  of  Chicago. 

(Here  insert  name  of  complaining  witness),  who  prosecutes  in 
this  behalf  in  the  name  and  by  the  authority  of  the  People  of 
the  State  of  Illinois,  being  first  duly  sworn,  on  his  oath  says  that 
(here  insert  name  of  defendant)  late  of  the  said  city  of  Chicago, 


STATUTORY   MISDEMEANORS.  253 

heretofore,  to- wit,  on  the day  of , 

A.  D.  19. . . ,,  at  the  city  of  Chicago  aforesaid,  (here  insert  the 
words  descriptive  of  the  offence)  contrary  to  the  form  of  the 
statute  in  such  case  made  and  provided  and  against  the  peace 
and  dignity  of  the  People  of  the  State  of  Illinois. 

Subscribed  and  sworn  to  before  me 

this   day  of 

A.  D.  19 

Clerk  of  the  Municipal  Court  of  Chicago. 

The  following  are  the  statutory  provisons  now  in  force  in  this 
state  relating  to  misdemeanors  which  are  within  the  direct  juris- 
diction of  the  municipal  court.  With  some  exceptions,  they 
are  followed  by  the  words  descriptive  of  the  offences,  which 
are  to  be  inserted  in  the  forms  of  information  or  complaint  given 
above.  The  forms  omitted  are  those  which  will  rarely,  if  ever,  be 
needed  in  the  municipal  court,  or  are  of  such  a  character  that 
they  should  be  drawn  under  the  direction  of  the  state 's  attorney. 

ABANDONMENT. 

The  statutory  provisions  now  in  force  on  this  subject  are  con- 
tained in  the  following  act: 

An  Act  making  it  a  misdemeanor  to  abandon  or  wilfully  neg- 
lect to  provide  for  the  support  and  maintenance,  by  any  person, 
of  his  wife,  or  of  his  or  her  minor  children,  in  destitute  or  necessi- 
tous circumstances.  Approved  May  13,  1903.  In  force  July  1, 
1903.     Laws  of  1903,  p.  155. 

The  penal  provisions  of  this  act  are  contained  in  paragraph  24, 
p.  1149,  Kurd's  R.  S.  of  1905,  Chapter  68. 

FORMS   OF   INFORMATION. 
(1.) 

was  then  and  there  the  husband  of  one ,  and 

said was  then  and  there  the  wife  of 

said   ;  and  the  said did 

then  and  there,  without  good  cause,  abandon    and    neglect    to 
maintain  and  provide  for  said , 


254  PRACTICE   IN   THE   MUKICII'AI.    COURT. 

(2.) 

was  the  father  (or  "mother")  of  one and 

said was  then  and  there  the  son  (or 

"daughter")  of  said ,  and  was  then  and  there 

a  minor  child  under  the  age    of  twelve    years,  and    of    about 

the  a^e  of years ;  and  said 

was  then  and  there  in  destitute  and  necessitous  circumstances, 

and  the  said did  then  and  there 

abandon  the  said ,  and  did  then 

and  there  wilfully  neglect  and  refuse  to  maintain  and  provide 
for  said , 

ABDUCTION. 

The  statutory  pro\isions  on  this  subject  are  contained  in  the 
following  act: 

An  Act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  1874, 
p.  352. 

The  penal  provision  in  question  is  found  in  paragi-aph  2  p. 
665,  Kurd's  R.  S.  of  1905,  Chapter  38. 

FORMS   OP   INFORMATION. 

(1.) 

one who  was  then  and  there  a  child  un- 
der the  age  of  twelve  years,  and  of  about  the  age  of 

years,  did  then  and  there    unlawfully  take    and    decoy    away 
with  the    intent  then    and  there    to    detain    and    conceal    the 

said from 

who  was  (or  "were")  then  and  there  the  parent  (or  "parents") 

of  the  said and  who  then  and  there 

had  the  lawful  charge  of  said , 

(2.) 

one who  was  then  and  there  a 

child  under  the  age  of  twelve  years,  and  of  about  the  age  of 

years,  did  then  and  there  unlawfully  take  and 

decoy  away  with  the  intent    then  and    there    to    detain    and 

conceal  the  said from  one 

who  was  then  and  there  the  guardian  of  the  said 

and  who  then  and  there  had  the  lawful  charge  of  the  said 


STATUTORY    MISDEMEANORS.  2oO 

(3.) 

one who  was  then  and  there  a  child 

under  the  age  of  twelve    years,    and    of    about    the    age  of 

.years,  did  then  and  there  unlawfully  take  and 

decoy    away,    with    intent    then    and    there    to    conceal     said 

from  one 

who  was  then  and  there  a  person  having  the  lawful  charge  of 
»aid   , 

ABORTIFACIENT  DRUGS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  Act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  1874, 
pp.  352,  353. 

The  penal  provisions  in  question  are  found  in  paragraphs  4, 
5  and  6,  pp.  665-6,  Hurd's  R.  S.  of  1905,  chapter  38. 

FORMS  OF   INFORMATION. 
(1.) 

did  then  and  there,  without  the  written  prescription  of  some 
well  known  and  respectable  practicing  physician,  sell  to  one 
a  certain  drug  (or  "medi- 
cine") which  was  then  and  there  known  as  (here  insert  the 
name  of  the  drug  or  medicine),  and  was  then  and  there  known 
and  presumed  to  be  ecbolic, 

(2.) 

did  then  and  there  without  the  written  prescription  of  some  well 

known  and  respectable  practicing  physician,  sell  to  one 

a  certain  drug  (or  "medicine")  which  was 

then  and  there  known  as  (here  insert  the  name  of  drug  or  medi- 
cine) and  was  then  and  there  known  and  presumed  to  be  aborti- 
facient, 

(3.) 

did  then  and  there  keep  on  hand  (or,  "advertise  and  expose  for 
sale,"  or  "sell")  certain  (here  insert  "pills,"  "powders," 
"drugs,"  or  "combination  of  drugs")  which  said 


256  PRACTICE  IN  THE   MUNICIPAL   COURT. 

had  theretoforo  been  designed  especially  for  the  use  of 

females,  without  keepiuti'  a  certificate  signed  and  verified  by  the 
affidavit  of  each  one  of  five  well  known  and  respectable  practic- 
ing physicians  in  the  County  of  Cook,  in  the  State  aforesaid,  that 
the  said was  not  abortif aeient, 


(4.) 
did  then  and  there  (here  insert,  "advertise,"  or  "print,"  or 
"publish,"  or  "distribute,"  or  "circulate,"  or  "cause  to  be  ad- 
vertised, "  or  "  cause  to  be  printed, "  or  "  cause  to  be  published, ' ' 
or  "cause  to  be  distributed,"  or  "cause  to  be  circulated")  a  cer- 
tain (here  insert,  "pamphlet,"  or  "printed  paper,"  or  "book," 
or  "newspaper,"  or  "notice,"  or  "advertisement,"  or  "refer- 
ence") which  said. then  and  there  con- 
tained words  and  language  giving  and  conveying  (here  insert, 

"notice"  or  "hint"  or  "reference")  to  one 

(here  insert  the  name  of  a  person,)  (or  "to  a  certain  name,  to- 
wit : ")  from  whom  (or  "to  a  cer- 
tain place,  to-wit: where"  or  "to  a  certain  house, 

to-wit : where "  or  "to  a  certain  shop,  to- 
wit: where"  or  "to  a  certain  office, 

to-wit : where")  a  certain  (here  insert 

"poison,"  or  "drug,"  or  "mixture,"  or  "preparation,"  or 
"medicine,"  or  "noxious  thing,"  or  "a  certain  instrument,"  or 
"a  certain  means,"  or  "certain  advice,"  or  "certain  informa- 
tion," or  "certain  direction,"  or  "certain  knowledge")  might 
be  obtained  for  the  purpose  of  causing  or  procuring  a  miscar- 
riage of  any  woman  pregnant  with  child, 

ADULTERATION. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts : 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1, 1874.  R.  S.  1874,  pp. 
352,  353. 

The  penal  provisions  in  question  in  this  act  are  found  in  para- 
graplis  7  and  8  on  p.  6G6,  and  paragraph  10  on  p.  669,  Hurd's 
R.  S.  of  1905,  chapter  38. 


STATUTORY    MISDEMEANORS.  257 

if 

FORMS  OF  INFORMATION. 
1.  ADULTERATION  OF  POOD,  CANDY  OR  CONFECTION.  PAGE  667.  PAR.  7. 

(1.) 

did  then  and  there,  for  the  purpose  of  sale,  fraudulently  adulter- 
ate certain  (here  insert  "bread"  or  whatever  the  article  adulter- 
ated may  be)    which  said was  then 

and  there  (here  insert,  "a  substance  intended  for  food,"  or 
"candy,"  or  "confection")  with  a  certain  substance  known  as 
(here  insert  the  name  of  the  deleterious  article)  which  was  then 
and  there  (here  insert,  "poisonous,"  or  "injurious  to  health"), 

'  (2.) 
did  then  and  there,  (here  insert,  "sell,"  or  "offer  for  sale,"  or 
"keep  for  sale")  certain  adulterated  (here  insert,  "bread,"  or 
some  other  substance  intended  for  food,  or  "candy,"  or  "con- 
fection") which  said  adulterated  (here  insert,  "bread,"  or  some 
other  substance  intended  for  food,  or  "candy,"  or  "con- 
fection") was  then  and  there    intended  for   food,  he,  the   said 

then  and  there  knowing  the  same 

to  be  so  adulterated, 

(3.) 
did  then  and  there   (here  insert,  "sell,"  or  "offer  to  sell,"  or 
"keep  for  sale"),  (here  insert  "certain  flesh  of  a  diseased  ani- 
mal, to-wit,   ,"  or  "certain  cor- 
rupt and  unwholesome  provisions,  to-wit, "), 

2.      ADULTERATION  OF  LIQUOR.    PAGE  666.  PAR.  8. 

(1.) 

did  then  and  there  adulterate  for  the  purpose  of  sale,  a  certain 

liquor  known  as which  said 

was  then  and  there  (here  insert,  "used"  or  "intended")  for 
drink,  with  (here  insert,  "cocculusindieus,"  or  "vitriol,"  or 
•'grains  of  paradise,"  or  "opium,"  or  "alum,"  or  "capsicum," 
or  "copperas,"  or  "laurel  water,"  or  "logwood,"  or  "Brazil 
wood,"  or  "cochineal,"  or  "sugar  of  lead,"  or  "a  certain  sub- 
stance to-wit: ")  which  said  (here  insert  "cocculu- 
sindieus," or  "vitriol,"  or  "grains  of  paradise,"  or  "opium," 
17 


258  PRACTICE   IN  THE   MUNICIPAL   COURT. 

or  ''alum,"  or  "capsicum,"  or  "copperavS,"  or  "laut-el  water," 
or  "logAvood, "  or  "Brazil  wood,"  or  "cochineal,"  or  "sugar  of 

lead,"  or  "said "),  was  then  and  there 

poisonous  and  injurious  to  health, 

(2.) 
did  then  and  there  (here  insert,  "sell,"  or  "offer  for  sale,"  or 
"keep  for  sale")   certain   (here  insert  the  name  of  any  liquor 
iLsed  or  intended  for  drink)  used  and  intended  for  drink,  which 

said had  theretofore  been  adulterated  with 

(here  insert  " eocculusindicus, "  or  "vitriol,"  or  "grains  of  para- 
dise," or  "opium,"  or  "alum,"  or  "capsicum,"  or  "copperas," 
or  "laurel  water,"  or  "logwood,"  or  "Brazil  wood,"  or  "cochi- 
neal," or  "sugar  of  lead/'  or,  "a  certain  other  substance,  to- 
wit "), 

3.      ADULTERATION  OF  MEDICINE.    PAGE  669.    PAR.  10. 

(1.) 

did  then  and  there  fraudulently  adulterate  for  the  purpose  of 
sale    a  certain    (here    insert  "drug"  or    "medicine")    to-wit: 


did  then  and  there  (here  insert  "sell"  or  "offer  for  sale"  or 
"keep  for  sale")  a  certain  fraudulently  adulterated  (here  insert 

"drug"  or  "medicine")  he,  the  said 

then  and  there  knowing  said  (here  insert  "drug"  or  "medi- 
cine") to  be  adulterated. 

An  act  to  regulate  the  sale  of  milk  and  to  provide  penalties  for 
the  adulteration  thereof.  Approved  May  29,  1873.  In  force  July 
1,  1879.     Laws  of  1879,  p.  111. 

The  penal  provisions  in  question  of  this  act  are  found  in  para- 
graphs 9,  9a,  9b,  9c,  9d  and  9e  on  pp.  666-7,  Kurd's  R.  S.  of  1905, 
chapter  38. 

FORMS  OF  INFORMATION  OR  COMPLAINT. 
1.   ADULTERATION  OF  MILK.  PAGE  666.  PAR.  9. 

(1.) 

did  then  and  there,  for  the  purpose  of  selling  the  same  for  human 
food,  adulterate  certain  milk  with  (here  insert,  "water"  or  any 
other  foreign  substance,  mentioning  the  substance  by  name), 


I 


STATUTORY   MISDEMEANORS.  259 

(2.) 
did  then  and  there    knowingly    sell  for   human    food,    to    one 

,  certain  milk  from  which  cream 

had  been  taken  without  the  said 

having  theretofore  been  informed  thereof,  and  without  the  said 

then  and  there  knowing  that  the 

cream  had  been  taken  from  said  milk, 

(3.) 
did  then   and   there   knowingly  sell   for  human   food,  to   one 
,  certain  milk  from  which  strip- 
pings  had  been  witliheld  without  the  said 

having  theretofore  been    informed    that  said 

strippings  had  been  withheld  from  said  milk,  and  without  the 

said then  and  there  knowing  the  fact 

that  said  strippings  had  been  withheld  from  said  milk, 

(4.) 

did  then  and  there  knowingly  sell  for  human  food  to  one 

certain  milk  drawn  from  a  diseased 

cow,  he,  the  said ,  then  and 

there  knowing  the  said  cow  from  which  said  milk  had  thereto- 
fore been  drawn  to  be  so  diseased  as  to  render  her  milk  unwhole- 
some, 

(5.) 
did  then  and  there  knowingly  sell,   for  human   food,  to  one 

,  certain  milk  so  tainted  and 

corrupted  as  to  be  unwholesome, 

(6.) 
did  then  and  there  knowingly  (here  insert,  "supply,"  or  "bring 
to  be  manufactured  into  a  certain  substance  for  human  food") 
to  a  certain  (here  insert  "cheese  factory,"  or  "butter  factory," 
or  "creamery")  which  said  (here  insert,  "cheese  factory,"  "but- 
ter factory,"  or  "creamery")  was  then  and  there  the  property 
of  (here  insert  the  name  of  the  owner),  certain  milk  (here  in- 
sert "which  had  theretofore  been  adulterated  with  [here  insert 
"water,"  or  a  certain  foreign  substance,  naming  it,]  "  or  "from 
which  the  cream  had  theretofore  been  taken,"  or  "from  which 
strippings  had  been   withheld,"   or  "drawn   from   a  diseased 


260  PRACTICE  IN  THE   MUNICIPAL  COURT. 

COW,  he,  the  said then  aud  there  knowing 

said  cow  to  be  so  diseased  as  to  injure  her  milk "  or,  "so  tainted 
or  corrupt  as  to  be  unwholesome"),  without  all  the  persons  in- 
terested therein  either  knowing  or  being  informed  of  the  fact, 

2.      KEEPING  DISEASED  COWS,  ETC.      PAGE  666,  PAR.  9a. 

(1.) 

did  then  and  there  adulterate  certain  milk  with  a  view  of  offering 
the  same  for  sale, 

(2.) 
did  then  and  there  keep  cows  in  an  unhealthy  condition,  for  the 
production  of  milk  for  market, 

(3.) 
did  then  and  there  knowingly  keep  cows  for  the  production  of 
milk  for  market,  and  did  then  and  there  knowingly  feed  the 
same  on  food  which  then  and  there  produced  impure,  diseased 
and  unwholesome  milk, 

3.      FAILING  TO   MARK  CANS,  VEHICLES,  ETC.    PAGE  667.    PAR.  9b. 

(1.) 

was  then  and  there,  in  the  City  of  Chicago  and  State  of  Illi- 
nois, engaged  in  and  carrying  on  a  retail  business  in  the  sale,  ex- 
change of  and  retail  traffic  in  milk,  and  did  then  and  there  have 
certain  cans  in  which  milk  was  then  and  there  carried  and  ex- 
posed for  sale,  and  the  said did  then  and 

there  neglect  to  mark  said  cans  with  his,  the  said 

's,  name,  nor  was  there  then  and  there  upon  said  cans 

conspicuously  marked  the  name  of  said , 

(2.) 
was  then  and  there  in  the  City  of  Chicago,  in  the  State  of  Illi- 
nois, engaged  in  and  carrying  on  a  retail  business  in  the  sale,  ex- 
change of  and  retail  traffic  in  milk,  and  did  then  and  there  have 
certain  cans  in  which  said  milk  was  then  and  there  carried  and 

exposed  for  sale,  and  the  said then 

and  there  neglected  to  conspicuously  mark  upon  said  cans  the 
locality  from  which  said  milk  was  obtained  or  produced,  nor  was 
there  then  and  there  conspicuously  marked  upon  said  cans  the 
locality  from  which  said  milk  was  obtained  or  produced. 


STATUTORY    MISDEMEANORS.  261 

(3.) 
was  then  and  there  in  the  City  of  Chicago,  in  the  State  of  Illinois, 
engaged  in  and  carrying  on  a  retail  business  in  the  sale,  exchange 
of  and  retail  traffic  in  milk,  and  did  then  and  there  have  a  vehi- 
cle from  which  said  milk  was  then  and  there  vended,  and  the 

said did  then  and  there  neglect 

to  conspicuously  mark  upon  the  said  vehicle  the  name  of  the 
said ,  nor  was  there  then  and  there  con- 
spicuously marked  upon  said  vehicle  the  name  of  said 

} 

(4.) 
was  then  and  there  in  the  City  of  Chicago,  in  the  State  of  Illinois, 
engaged  in  and  carrying  on  a  retail  business  in  the  sale,  ex- 
change of  and  retail  traffic  in  milk,  and  did  then  and  there  have 
a  certain  vehicle  from  which  said  milk  was  then  and  there 
vended,  and  the  said then  and  there  neg- 
lected to  conspicuously  mark  upon  said  vehicle  the  locality  from 
which  said  milk  was  obtained  or  produced,  nor  was  there  then 
and  there  conspicuously  marked  upon  the  said  vehicle  the  locality 
from  which  said  milk  was  obtained  or  produced, 

4.      SELLING   SKIMMED    MILK.     PAGE    667.     PAR.    9c. 

was  then  and  there  in  the  City  of  Chicago,  in  the  State  of  Illinois, 
engaged  in  and  carrying  on  a  retail  business  in  the  sale,  ex- 
change of  and  retail  traffic  in  milk,  and  did  then  and  there  offer 
for  sale  certain  milk  from  which  the  cream  had  theretofore  been 
taken,  without  then  and  there  having  the  cans  in  which  said 
milk  was  then  and  there  carried,  plainly  and  conspicuously 
marked  with  the  words  "skimmed  milk," 

An  act  to  prevent  the  adulteration  of  butter  and  cheese,  or  the 
sale  or  disposal  of  the  same,  or  the  manufacture  or  sale  of  any 
article  as  a  substitute  for  butter  or  cheese,  or  any  article  to  be 
used  as  butter  and  cheese.  Approved  June  1,  1881.  In  force 
July  1,  1881.    Laws  of  1881,  p.  74. 

The  penal  provisions  in  question  of  this  act  are  found  in  para- 
graph 9f  on  p.  667  of  Kurd's  R.  S.  of  1905,  Chapter  38.  Section 
26  of  the  act  entitled  ''An  Act  to  provide  for  the  appointment  of 
a  State  Food  Commissioner  and  to  define  his  powers  and  duties 
and  fix  his  compensation  and  to  prohibit  and  prevent  adultera- 


2(J2  PRACTICE  IN  THE   MUNICIPAL   COURT. 

tion,  fraud  and  deception  in  the  manufacture  and  sale  of  articles 
of  food  and  to  repeal  certain  acts  or  parts  of  acts  therein  named," 
approved  April  24,  1899,  in  force  July  1,  1899,  Laws  of  1899,  p. 
49,  Chapter  127b,  paragraph  26,  p.  1909  of  Hurd's  R.  S.  of  1905, 
purports  to  repeal  section  6  of  said  Act  of  June  1,  1881,  but 
there  is  no  section  6  in  said  Act. 

FORM  OF  INFORMATION, 

did  then  and  there  manufacture  out  of   (here  insert  "certain 

oleaginous  substances,  to-wit, "  or  "a 

compound  of  oleaginous  substances,  to-wit, ") 

not  produced  from  unadulterated  milk  or  cream,  a  certain  article 

designed  to  take  the  place  of  butter  and  cheese,  to-wit : 

,  which  said 

was  not  theretofore  produced  from  pure,  unadulterated  milk  or 

cream ;  and  the  said did   then    and   there 

(here  insert  "sell  to  one ,"  or  "offer  for  sale," 

or  ' ' give  to  a  certain  person,  to-wit : ") 

as  an  article  of  food  the  said 

as  (here  insert  "butter"  or  "cheese,") 

An  act  to  prevent  frauds  in  the  manufacture  and  sale  of  butter 
and  cheese.  Approved  May  31,  1879.  In  force  July  1,  1879. 
Laws  of  1879,  p.  116. 

The  penal  provisions  in  question  of  this  act  are  found  in  para- 
graphs 39a,  396  and  39c  on  pp.  673-4,  Hurd's  R.  S.  of  1905, 
Chapter  38. 

(forms   OF    INFORMATION    OMITTED.) 

An  act  to  prevent  and  punish  the  adulteration  of  articles  of 
food,  drink  and  medicine,  and  the  sale  thereof  when  adulterated. 
Approved  June  1,  1881.  In  force  July  1,  1881.  Laws  of  1881,  p. 
75. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  9/^, 
9i,  9j,  9k,  91,  9w  and  9m,  pp.  667-8  Hurd's  R.  S.  of  1905,  Chapter 
38. 

FORMS  OF  INFORMATION. 
1.      MIXING,   STAINING,   COLORING,   ETC.     PAGE    667.     PAR.   9h. 

(1.) 

did  then  and  there  (here  insert,  "mix"  or  "color"  or  "stain"  or 
"powder"  or  "order  a  certain  person,  to-wit  one 


STATUTORY   MISDEMEANORS.  263 

who  was  then  and  there  in  the  employ  of  him  the  said 

to  mix"  or  "order  another  person,  to-wit:  one 

who  was  then  and  there  in  the  employ  of  him  the  said 

to  color"  or  "order  another  person,  to- 
wit  :  one who  was  then  and  there  in 

the  employ  of  him  the  said to  stain" 

or  ' '  order  another  person  to-wit,  one 

who  was  then  and  there  in  the  employ  of  him  the  said 

to  stain"  or  "permit  another  person  to-wit,  one 

who  was  then  and  there  in  the  employ  of  him  the 

said to  mix"  or  "permit  another  person, 

to-wit :  one who  was  then  and  there  in  the 

employ  of  him  the  said to  stain  "  or  "  permit 

another  person,  to-wit :  one who  was  then  and 

there  in  the  employ  of  him  the  said to  powder") 

a  certain  article  of  food,  to-wit : with  a 

certain  (here  insert  "in^edient,  to-wit, " 

or  "material,  to-wit, ")  thereby  (here 

insert  ' '  rendering  said  article  of  food,  to-wit : 

injurious  to  health"  or  "depreciating  the 

value  of  said  article  of  food,  to-wit : ")  with 

intent  then  and  there  on  the  part  of  the  said 

that  said  article  of  food,  to-wit : might 

be  sold, 

(2.) 
did  then  and  there  (here  insert  "sell"  or  "oft'er  for  sale")  a  cer- 
tain article  of  food,  to-wit : (here  insert 

"mixed"  or  "colored"  or  "stained"  or  "powdered")  with  a 

certain  (here  insert  "ingredient,  to-wit, "  or 

"material,  to-wit, ")    (here  insert  "which 

said  article  of  food,  to-wit : was  thereby 

rendered  injurious  to  health"  or  "the  value  of  which  said  article 
of  food,  to-wit : had  thereby  de- 
preciated in  value"), 

2.       COMPOUNDING  OR   MIXING  DRUG  OR   MEDICINE  WITH   INJURIOUS 
SUBSTANCE.      PAGE  668,  PAR.  9i. 

(1.) 

did  then  and  there,  not  for  the  purpose  of  compounding  in  the 
necessary    preparation    of    medicine,     (here    insert    "mix"  or 


264  PRACTICE   IN   THE  MUNICIPAL   COURT. 

"color"  or  "stain"  or  "powder"  or  "order  another  person, 

to-wit :  one to  mix"  or  "order  another 

person,  to-wit:  one to  color"  or  "order  another 

person,  to-wit:  one to  stain"  or  "order  an- 
other  person,   to-wit :    one to   powder"    or 

' '  permit  another  person,  to-wit :  one to 

mix "  or  "  permit  another  person,  to-Avit :  one 

to  color"  or  "permit  another  person,  to-wit:  one 

to  stain"  or  "permit  another  person, 

to-wit:  one to  powder")  a  certain  (here 

insert  "drug"  or  "medicine")  to-wit: with  a  certain 

(here  insert  "ingredient,  to-wit, "  or 

"material,  to-wit, ")  and  thereby  then  and 

there  affected  injuriously  the  (here  insert  "quality"  or  "po- 
tency") of  said  (here  insert  "drug"  or  "medicine")  to-wit:.  . 

with  intent  on  the  part  of  the  said 

to  sell  said   , 

(2.) 
did  then  and  there  (here  insert  "sell"  or  "offer  for  sale")  a  cer- 
tain (here  insert  "drug"  or  "medicine")  to-wit: 

which  said had  theretofore  been  (here 

insert  "mixed"  or  "colored"  or  "stained"  or  "powdered") 

with  a  certain  (here  insert  "ingredient,  to-wit, 

"  or  "material,  to-wdt, ")  by 

reason  of  which  said  (here  insert  "mixing"  or  "coloring"  or 
"staining"  or  "powdering")  the  (here  insert  "quality"  or  "po- 
tency") of  said  (here  insert  "drug"  or  "medicine")  had  been 
affected  injuriously, 

3.      COMPOUND  TO  BE  SOLD  UNDER  TRUE  NAME.     PAGE  668,  PAR.  9j. 

(1.) 

did  then  and  there  (here  insert  "mix"  or  "color"  or  "stain"  or 
"powder")  a  certain  article  of  (here  insert  "food"  or  "drink" 
or  "medicine"  or  "a  certain  article  which  enters  into  the  com- 
position of    [here  insert  "food"  or  "drink"  or  "medicine") 

to-wit : with  a  certain  other 

(here  insert  ' ' ingredient,  to-wit, "  or 

"material,  to-wit, ")  for  the  purpose  of 

(here  insert  "gain"  or  "profit"), 


STATUTORY   MISDEMEANORS.  265 

(2.) 
did  then  and  there  (here  insert  "sell"  or  "offer  for  sale"  or 

' '  order  a  certain  other  person,  to-wit :  one 

to  sell "  or  "  order  a  certain  other  person,  to-wit  one 

to  offer  for  sale"  or  "permit  another  person, 

to-wit :  one to  sell"  or  "permit  a  certain 

other  person,  to-wit :  one to  offer  for  sale")  a 

certain  article  of  (here  insert  "food"  or  "drink"  or  "medicine" 

or  "  a  certain  article,  to-wit : which  enters  into 

the  composition  of  [here  insert  "food"  or  "drink"  or  "medi- 
cine "] )  to-wit : which  said 

had  theretofore  been  (here  insert  "mixed"  or  "colored" 

or  "stained"  or  "powdered")  with  a  certain  other  (here  insert 
"ingredient,  to-wit, "  or  "material,  to- 
wit,  ")  which  said had 

not  been  theretofore  manufactured  under  its  true  and  appro- 
priate name,  nor  was  said then  and  there 

used  or  sold  or  offered  for  sale  under  its  true  and  appropriate 

name,  and  a  notice  that  said was  mixed  or  impure 

was  not  then  and  there  marked,  printed  or  stamped  upon  each 
(here  insert  "package"  or  "roll"  or  "parcel"  or  "vessel")  con- 
taining the  same,  so  as  to  be  and  remain  at  all  times  readily  vis- 
ible, and  the  said  (here  insert  name  of  defendant)  did  not  then 

and  there  inform  the  purchaser  of  said 

of  the  ingredients  of  said  article  of  (here  insert  "food"  or 
"drink"  or  "medicine")  at  the  time  of  (here  insert  "making 
sale  thereof"  or  "offering  to  sell  said • ")? 

4.      MIXING  OLEOMARGARINE  WITH  BUTTER  WITHOUT  MARKING. 
PAGE  668,  PAR.  9Jc. 

(1.) 

did  then  and  there  mix  (here  insert  "oleomargarine"  or  "suine" 
or  "butterine"  or  "beef  fat"  or  "lard"  or  "a  certain  foreign 

substance,   to-wit : ")    v/ith   certain    (here 

insert  "butter"  or  "cheese"),  which  said  (here  insert  "butter" 
or  "cheese")  was  then  and  there  intended  for  human  food,  with- 
out distinctly  marking,  stamping  or  labeling  the   (here  insert 

"said   "  or  "the  package  containing 

said ")  with  the  true  and  appropriate 


266  PRACTICE   IN   THE  MUNICIPAL   COURT. 

name  of  said and  with  the  percentage  in 

which  said  (here  insert  "oleomargarine"  or  "suine")  then  and 
there  entered  into  the  composition  of  said , 

(2.) 
did  then  and  there  (here  insert  "sell"  or  "offer  for  sale"  or 
■• '  order  to  be  sold "  or  "  order  to  be  offered  for  sale  "  or  "  permit 
to  be  sold"  or  "permit  to  be  oft'ered  for  sale")  a  certain  arti- 
cle of  food,  to-wit : into  the  com- 
position of  which  said  article  of  food,  to-wit:  (here  insert 
"oleomargarine"  or  "suine")  had  theretofore  entered,  with- 
out then  and  there  informing  the  buyer  of  said  article  of  such 
fact  and  the  proportions  in  which  said  (here  insert  "oleomar- 
garine" or  "suine"  or  "butterine"  or  "beef  fat"  or  "lard"  or 

"a  certain  other  foreign  substance,  to-wit: ")  had 

theretofore  entered  into  the  composition  of  said , 

An  act  to  prevent  the  adulteration  of  vinegar  and  to  prevent 
fraud  and  imposition  in  the  manufacture  and  sale  of  vinegar 
and  to  protect  the  purchasers  thereof.  Approved  June  14,  1883. 
In  force  July  1,  1883.    Laws  of  1883,  p.  176. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  9p 
and  9q,  pp.  668-9,  Kurd's  R.  S.  of  1905,  Chapter  38. 

FORMS  OF  INFORMATION. 
(1.) 

did  then  and  there  (here  insert  "manufacture  for  sale"  or  "offer 
for  sale"  or  "expose  for  sale")  certain  vinegai'  which  upon  test 
was  thereafter  found  to  contain  a  preparation  of  (here  insert 
"lead"  or  "copper"  or  "sulphuric  acid"  or  "a  certain  ingredi- 
ent, to-wit : injurious  to  health"), 

(2.) 
did  then  and  there  (here  insert  "manufacture  for  sale"  or  "offer 
for  sale"  or  "expose  for  sale")  as  cider  vinegar,  certain  vinegar 
which  was  not  then  and  there  the  legitimate  product  of  pure  ap- 
ple juice  known  as  apple  cider,  and  not  made  exclusively  of  said 
apple  cider. 

An  act  to  protect  the  public  from  imposition  in  relation  to 
canned  or  preserved  food.  Approved  June  27,  1885.  In  force 
July  1,  1885.     Laws  of  1885,  p.  207. 


STATUTORY   MISDEMEANORS.  267 

The  penal  provisions  of  this  act  are  found  in  paragraphs  104a, 
1046  and  104c,  p.  693,  Kurd's  R.  S.  of  1905,  Chapter  38. 

(forms  of  information  omitted.) 

An  act  to  regulate  the  sale  of  veal.  Approved  June  16,  1887. 
In  force  July  1,  1887.    Laws  of  1887,  p.  307. 

The  penal  provisions  of  this  act  are  found  in  paragraph  9r,  p. 
669,  Kurd's  R.  S.  of  1905,  Chapter  38. 

forms  of  information. 

(1.) 

did  then  and  there  (here  insert  "kill"  or  "cause  to  be  killed") 
for  the  purposes  of  sale,  a  certain  (here  insert  "immature  calf" 
or  "a  certain  calf  less  than  four  weeks  old"), 

(2.) 
did  then  and  there  knowingly  (here  insert  "sell"  or  "have  in 
his  possession  with  intent  to  sell")   for  food  the  meat  of  (here 
insert  "a  certain  immature  calf"  or  "a  certain  calf,  which  said 
calf  had  been  killed  when  less  than  four  weeks  old"), 

An  act  to  prevent  fraud  in  the  sale  of  lard  and  to  provide  pun- 
ishment for  the  violation  thereof.  Approved  June  3,  1889.  In 
force  July  1,  1889.    Laws  of  1889,  p.  111. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  480 
and  481,  pp.  752-3,  Kurd's  R.  S.  of  1905,  Chapter  38. 

(forms  of  information  omitted.) 

An  act  to  regulate  the  manufacture  and  sale  of  substitutes  for 
butter.  Approved  June  14,  1897.  In  force  July  1,  1897.  Laws 
of  1897,  p.  3. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  39d- 
S9n,  pp.  674-5,  Kurd's  R.  S.  of  1905,  Chapter  38. 

forms  of  information. 
1.    substitutes  for  butter,    page  674,  par.  39e. 

(1.) 
did  then  and  there  (here  insert  "coat"  or  "powder"  or  "col- 
or") with  (here  insert  "annato"  or  "a  certain  coloring  matter, 

to-wit ")  a  certain  substance  which  had  then  and 

there  been  designed  as  a  substitute  for  butter,  whereby  said  sub- 


2li8  PRACTICE  IN   THE  MUNICIPAL   COURT. 

stance,  designed  as  a  substitute  for  butter,  by  reason  of  its  being 
so  (here  insert  "coated,"  "powdered,"  or  "colored")  was  then 
and  there  made  to  resemble  butter,  the  product  of  the  dairy, 

(2.) 
did  then  and  there  combine  certain  (here  insert  "animal  fat" 

or  "vegetable  oil"  or  "a  certain  other  substance,  to  wit, ") 

with  (here  insert  "butter"  or  "a  certain  other  substance,  to- 
wit ,  combined  with  butter"  or  "a  certain  other  sub- 
stance, to-wit ,  combined  with  animal 

fat "  or  "a  certain  other  substance,  to-wit, , 

combined  with  vegetable  oil"  or  "a  certain  other  substance,  to- 
wit  ,  combined  with  a  combination 

of  animal  fat  and  vegetable  oil, ")  (here  insert ' '  for  the  purpose ' ' 

or  "with  the  effect")  of  then  and  there  imparting  to  said 

a  yellow  color,  whereby  the  said was 

then  and  there  made  to  resemble  the  shade  of  genuine  yellow 
butter, 

(3.) 
did  then  and  there  (here  insert  "produce"  or  "manufacture") 

a  certain  substance,  to-wit : which  was 

then  and  there  (here  insert  "an  imit-ation"  or  "a  semblance") 
of  natural  butter, 

(4.) 
did  then  and  there  (here  insert  "sell"  or  "keep  for  sale"  or 
"offer  for  sale")  a  certain  imitation  butter  (here  insert  "made" 
or  "manufactured"  or  "compounded"  or  "produced")  by 
(here  insert  the  particular  combination,  selecting  one  of  the  ap- 
propriate combinations  in  second  form  under  39e), 

2.   PACKAGE  TO  BE  STAMPED.   PAGE  674,  PAR.  39f. 
(1.) 

did  then  and  there  unlawfully  manufacture  a  substance  designed 
to  be  used  as  a  substitute  for  butter,  and  did  then  and  there 
neglect  to  mark,  either  by  branding,  stamping  or  stenciling  on 
the  top  or  side  of  a  certain  (here  insert  "box"  or  "tub"  or  "fir- 
kin" or  "a  certain  package"),  in  which  said  article  was  to  be 
kept,  and  in  which  it  was  to  be  removed  from  the  place  where  it 
was  produced,  in  a  clean  and  durable  manner,  in  the  English 
language,  either  the  word  "Oleomargarine"  or  the  word  "Butter- 


STATUTORY   MISDEMEANORS.  269 

ine, ' '  or  the  words  ' '  Substitute  for  Butter, ' '  or  the  words  ' '  Imi- 
tation Butter, ' '  in  printed  letters,  in  plain  Roman  type,  each  of 
the  letters  not  less  than  three-quarters  of  an  inch  in  length, 

3.         UNLAWFUL  SALE.     PAGE  674,  PAR.   39 g. 

did  then  and  there  (here  insert  "sell"  or  "offer  for  sale")  to 

one a  certain  imitation  butter  without  then 

and  there  informing  the  said that  the  said  imitation  but- 
ter was  then  and  there  imitation  butter, 

4.        PACKAGE    NOT    TO    BE    SHIPPED    UNLESS    MARKED,        PAGE    674, 

PAR.   39/<. 

did  then  and  there  (here  insert  "ship"  or  "consign"  or  "for- 
ward") by  a  certain  common  carrier,  to-wit, 

a  certain  (here  insert  "tub"  or  "box"  or  "firkin"  or  "a  cer- 
tain package"),  then  and  there  containing  a  certain  substance 
designed  to  be  used  as  a  substitute  for  butter,  which  said  (here 
insert  "tub"  or  "box"  or  "firkin"  or  "jar")  was  not  then  and 
there  marked  either  ' '  Oleomargarine, "  or  "  Butterine  "  or  "  Sub- 
stitute for  Butter"  or  "Imitation  Butter,"  nor  was  said  (here 
insert  "tub"  or  "box"  or  "firkin"  or  "jar")  consigned  by  said 

carrier,  to-wit and  receipted  for  by  its  true 

name, 

5.      PACKAGE    TO    BE    MARKED.       PAGE    675,    PAR.    39f. 

did  then  and  there  have  (here  insert  "in  his  possession"  or  "un- 
der his  control")  a  certain  (here  insert  "tub"  or  "firkin"  or 
"jar"  or  "box"  or  "a  certain  package"),  then  and  there  con- 
taining a  certain  substance  designed  to  be  used  as  a  substitute 
for  butter,  which  said  (here  insert  "tub"  or  "firkin"  or  "jar" 
or  "box"  or  "package")  was  not  then  clearly  and  durably 
marked  in  the  English  language,  in  printed  letters,  in  plain  Ro- 
man type,  each  letter  not  less  than  three-quarters  of  an  inch  in 
length,  with  the  word  "Oleomargarine"  or  the  word  "Butter- 
ine," or  the  words  "Substitute  for  Butter"  or  the  words  "Imi- 
tation of  Butter," 

6.      DEFACING   OR   REMOVING   MARK.      PAGE    675,    PAR.    d9l. 

did  then  and  there  (here  insert  "deface"  or  "erase"  or  "re- 
move") a  certain  mark,  to-wit:  the  mark  (here  insert  the  word 


270  PRACTICE   IN   THE   MUNICIPAL   COURT. 

"Oleomargarine"  or  the  word  "Butterine"  or  the  words  "Sub- 
stitute for  Butter"  or  the  words  "Imitation  of  Butter")  from  a 
certain  (here  insert  "tub"  or  "firkin"  or  "jar"  or  "box"  or 
"package"),  then  and  there  containing  a  certain  substance  de- 
signed to  be  used  as  a  substitute  for  butter,  with  intent  on  the 

part  of  the  said then  and  there  to  (here 

insert  "mislead"  or  "deceive"  or  "to  violate  the  provisions  of 
the  act  entitled  [here  insert  title  of  act  of  June  14,  1897,  pp. 
674-5,  Kurd's  R.  S.  of  1905] ), 

An  act  relating  to  the  manufacture  and  sale  of  articles  con- 
structed in  whole  or  in  part  of  gold  or  silver  or  any  alloy  or  imi- 
tation thereof  and  prescribing  penalties.  Approved  April  24, 
1899.    In  force  July  1,  1899.    Laws  of  1899,  p.  138. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  531- 
533,  pp.  760-1,  Kurd's  E.  S.  of  1905,  Chapter  38. 

(forms   of   INFORMATION   OMITTED.) 

An  act  to  prevent  fraud  in  the  branding  and  sale  of  process 
and  renovated  butter.  Approved  April  24,  1901.  In  force  July 
1,  1901.    Laws  of  1901,  p.  315. 

The  penal  provisions  of  this  act  are  found  in  paragraph  390 
39s,  pp.  675-6  of  Kurd's  R.  S.  of  1905,  Chapter  38. 

(forms   OF   INFORMATION    OMITTED.) 

See  also  statutory  provisions  under  the  head  of  State  Food 
Commissioner. 

ADULTERY. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of  1874, 
p.  353. 

The  penal  provision  in  question  is  found  in  paragraph  11,  p. 
669,  Kurd's  R.  S.  of  1905,  Chapter  38. 

FORMS  OP  INFORMATION. 

(1) 

being  then  and  there  a  married  man  did  then  and  there  live  to- 
gether with  one ,  a  woman  not  his  wife, 

in  an  open  state  of  adultery, 


STATUTORY   MISDEMEANORS.  271 

(2) 

did  then  and  there  live  together  with  a  woman  named 

in  an  open  state  of  fornication, 

AGRICULTURE  AND  HORTICULTURE. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  Act  to  revise  the  law  in  relation  to  the  department  of  agri- 
culture, agricultural  societies  and  agricultural  fairs  and  to  pro- 
vide for  reports  of  the  same.  Approved  June  23,  1883.  In  force 
July  1,  1883.    Laws  of  1883,  p.  1. 

An  Act  amendatory  of  the  foregoing  act.  See  Laws  of  1899, 
p.  1. 

The  penal  provisions  of  these  acts  are  contained  in  paragraphs 
11,  12,  13,  14  and  16a,  pp.  130-131,  Kurd's  R.  S.  of  1905,  Chap- 
ter 5. 

FORMS  OP  COMPLAINT. 
1.      TRESPASS  ON  FAIR  GROUNDS.      PAGE   130,  PAR.  11. 

did  unlawfully  enter  upon  certain  grounds  used  as  fair  grounds 
and  did  then  and  there  carry  away  therefrom  a  certain  stall,  (or 
whatever  the  property  was)  the  same  then  and  there  being  the 
property  of  the  agricultural  society  of  said  county, 

2.  SELLING    LIQUOR    AND    GAMING    WITHIN    TWO    MILES    OF    FAIR 

GROUNDS.     PAGE  130,  PAR.  12. 

did  then  and  there  keep  a  booth  for  the  sale  of  spirituous  liquors, 
said  booth  being  within  two  miles  of  the  place  where  an  agricul- 
tural fair  was  then  and  there  being  held  in  said  county, 

3.  ENTERING  FAIR  GROUNDS  WITHOUT  TICKET.     PAGE  131,  PAR.  16a. 

did  unlawfully  attempt  to  enter  the  enclosure  within  which  an 
exhibition  of  the  agricultural  association  of  said  county  was  then 
and  there  being  held,  without  having  purchased  and  surrendered 
a  ticket  of  admission  to  said  exhibition, 

An  Act  to  require  operators  of  butter  and  cheese  factories  on 
the  co-operative  plan  to  give  bonds  and  to  prescribe  penalties  for 
the  violation  thereof.  Approved  June  18,  1883.  In  force  July 
1,  1883.    Laws  of  .1883,  p.  54. 


272  PRACTICE  IN   THE  MUNICIPAL  COURT. 

The  penal  provisions  of  this  act  are  contained  in  paragraph  32, 
p.  133,  Hurd's  R.  S.  of  1905,  Chapter  5. 

FORM   OF   INFORMATION. 

was  then  and  there  conducting  the  business  of  manufacturing 
butter  on  the  co-operative  or  dividend  plan  without  having  filed 
with  the  circuit  clerk  or  recorder  of  deeds  of  said  county  a  good 
and  sufficient  bond  in  the  penal  sum  of  six  thousand  dol- 
lars ($6,000.00)  conditioned  that  he  would,  on  or  before  the  first 
day  of  each  month,  make,  acknowledge,  subscribe  and  swear  to  a 
report  in  writing  showing  the  amount  of  products  manufactured, 
the  amount  sold,  the  prices  received  therefor,  and  the  dividends 
earned  and  declared  for  the  third  month  preceding,  that  he 
would  file  a  copy  of  such  report  with  the  clerk  of  said  county  and 
that  he  would  also  keep  publicly  posted  in  a  conspicuous  place 
in  such  factory  a  copy  of  such  report,  and  that  such  dividends 
should  be  promptly  paid  to  the  persons  entitled  thereto. 

An  Act  to  prevent  fraud  in  the  manufacture  and  sale  of  com- 
mercial fertilizers.  Approved  June  29,  1885.  In  force  July  1, 
1885.    Laws  of  1885,  p.  197. 

An  Act  amendatory  of  the  foregoing  act.  See  Laws  of  1903, 
p.  4. 

The  penal  provisions  of  these  acts  are  contained  in  paragraphs 
37,  38  and  41,  pp.  134-135,  Hurd's  R.  S.  of  1905,  Chapter  5. 

FORMS  OF  INFORMATION, 
(1.) 

did  then  and  there  offer  for  sale  certain  packages  of  commercial 
fertilizer,  the  price  of  which  exceeded  five  dollars  a  ton,  without 
having  first  affixed  to  each  of  said  packages  a  plainly  printed 
certificate  stating  the  number  of  net  pounds  in  said  package,  the 
name  under  which  same  was  sold,  the  name  of  the  manufacturer, 
the  place  of  manufacture,  and  a  chemical  analysis  thereof, 

(2.) 
did  then  and  there  expose  for  sale  certain  packages  of  commer- 
cial fertilizer,  the  price  of  which  exceeded  five  dollars  a  ton,  to 
each  of  which  said  packages  was  attached  a  chemical  analysis 
wherein  the  percentage  of  (here  insert  "nitrogen"  or  other  con- 
stituent)  in  available  form  in  said  fertilizer  was  stated  to  be 


STATUTORY    MISDEMEANORS.  273 

more  than  one  per  cent  greater  than  said  fertilizer  really  con- 
tained, 

An  Act  to  regulate  the  shipping,  consignment  and  sale  of  pro- 
duce, fruits,  vegetables,  butter,  eggs,  poultry  or  other  products 
or  property  and  to  license  and  regulate  conunissiou  merchants 
and  to  create  a  board  of  inspectors  and  to  prescribe  its  powers 
and  duties.  Approved  and  in  force  April  24,  1899.  Laws  of 
1899,  p.  364 

The  penal  provisions  of  this  act  are  contained  in  paragraphs 
52  and  53,  p.  137,  and  paragraph  59,  p.  138,  Kurd's  R.  S.  of 
1905,  Chapter  5. 

FORMS   OP    COMPLAINT. 

1.  FAILURE     TO     RENDER     ITEMIZED     STATEMENT     WITH     CONSIGN- 

MENT OF  PRODUCE.      PAGE  137,  PAR.  52. 

Avas  then  and  there  a  commission  merchant  in  said  city  and  did 
then  and  there  sell  a  (here  insert  "crate  of,"  or  "box  of,"  or 
"jar  of,"  or  anything  in  the  nature  of  a  box,  crate,  package,  as 
may  be  necessary  to  hold  any  particular  produce),  of  "vegeta- 
bles" or  "butter"  or  "poultry"  or  "eggs"  or  "product"  or 
"property")  for  the  account  of  one and  did  neg- 
lect and  refuse  to  make  and  render  immediately  thereafter  to 
said an  itemized  statement  of  said  sale,  giv- 
ing the  gross  amount  of  said  sale,  the  freight  charges,  together 
with  all  other  charges  incurred,  and  the  net  proceeds  of  said 
sale, 

2.  SOLICITING     CONSIGNMENTS     OP     PRODUCE     WITHOUT     LICENSE. 

PAGE  138,  PAR.  59. 

did  unlawfully  solicit  and  receive  consignments  of  butter,  eggs 
and  poultry  for  sale  in  said  city,  being  a  city  of  more  than  fifty 
thousand  population,  without  first  having  obtained  a  license  to 
carry  cm  said  business, 

ANIMALS  AND  BIRDS. 

The  statutory  provisions  now  in  force  on  this  subject  are  con- 
tained in  the  following  acts : 

An  Act  to  amend  an  Act  entitled  "An  Act  to  revise  the  law 
in  relation  to  the  suppression  and  prevention  of  the  spread  of 

IS 


274  PRACTICE  IN   THE   MUNICIPAL   COURT. 

contagious  and  infectious  diseases  among  domestic  animals, ' '  ap- 
proved June  27,  1885,  in  force  July  1,  1885.  Approved  and  in 
force  April  20,  1887.    Laws  of  1887,  p.  8. 

The  ix'nal  provisions  of  this  act  are  contained  in  paragraphs 
50  and  53,  pp.  155-156,  Kurd's  R.  S.  of  1905,  Chapter  8. 

FORMS  OF  INFORMATION. 

1.       CONVEYING    LIVE    STOCK    FROM    OTHER    STATES    WHERE    DISEASE 
HAS  BECOME  MPIDEMIC  AMONG   CATTLE.      PAGE  155,  PAR.   50. 

was  then  and  there  a  corporation  and  did  then  and  there  know- 
ingly (here  insert  "transport,"  "receive,"  or  "convey")  cer- 
tain live  stock,  to-wit : said 

being  theretofore  conveyed 

Into  the  State  of  Illinois  from  (here  insert  the  name  of  the  coun- 
ty or  locality  in  another  state)  said  (here  insert  the  name  of 
locality  or  county  in  another  state)  having  theretofore  been 
scheduled  by  the  Governor  of  the  State  of  Illinois  as  a  locality 

where  the  disease  of had  become  epidemic 

in  said  (here  insert  name  of  locality  or  county)  in  the  state  of 


2.      CONCEALING  DISEASE  AMONG  ANIMALS.     PAGE  155,  PAR.  50. 

(1.) 

then  and  there  knew  that  a  certain  (insert  "contagious"  or  "in- 
fectious")  disease  then  and  there  existed  among  the  domestic 

animals  of  him,  the  said ,  and  did  then 

and  there  conceal  such  fact,  and  did  then  and  there  sell  a  cer- 
tain (here  insert  kind  of  animal  diseased)  which  said  (here  in- 
sert the  kind  of  animal  diseased)  was  then  and  there  affected 

with  the  disease  of ,  and  did  then  and  there  sell 

said  (here  insert  name  of  animal)  so  diseased  as  aforesaid  to 
one , 

(2.) 
then  and  there  knew  that  a  certain  (insert  "contagious"  or  "in- 
fectious")  disease  then  and  there  existed  among  the  domestic 
animals  of  him  the  said ,  and  then  and 


STATUTORY    MISDEMEANORS.  275 

there  did  sell  a  certain  animal,  to-wit: which  said 

animal  had  theretofore  been  exposed  to  the  said  disease  to  one . . 


(3.) 
did  then  and  there  know  that  a  certain  (here  insert  ** contagious" 

or  "infectious")   disease,  to-wit then  and 

there  existed  among  the  domestic  animals  of  him,  the  said 

,  and  then  and  there  removed  certain  of  his 

said  animals  who  were  then  and  there  affected  with  said  dis- 
ease from  the  premises  of  the  said to 

the  premises  of  one , 

(4.) 
then  and  there  knew  that  a  certain  (here  insert  "contagious"  or 
"infectious")  disease  then  and  there  existed  among  the  domes- 
tic animals  of  him  the  said ,  and  then  and 

there  did  (here  insert  "drive"  or  "lead"  or  "ship") 

animals  belonging  to  him  the  said 

which  said  animals  were  then  and  there  affected  by  the  said 
disease  by  a  certain  (here  insert  "car"  or  "steamboat")  to  a 
certain  other  place,  to-wit : 

3.      BRINGING  DISEASED  ANIMALS  INTO  THE  STATE. 

(1.) 

did   then   and   there   knowingly  bring   certain   animals,   to-wit 

into  the  State  of  Illinois  from  the 

State  of ,  he,  the  said then 

and  there  well  knowing  that  said  animals  were  then  and  there 
affected  with  the  disease  of , 

(2.) 
did  then  and  there  knowingly  (here  insert  "buy"  or  "receive" 
or  "sell"  or  "convey"  or  "engage  in  the  traffic  of")   certain 

animals,  to-wit : which  said  animals  were  then 

and  there  affected  with  the  disease  of , 

(3.) 
was  then  and  there  a  veterinary  practitioner  and  then  and  there 
bad  information  that  certain  animals  then  and  there  in  the  city 
of  Chicago,  county  of  Cook,  and  State  of  Illinois,  were  affected 


21C)  PRACTICE  IN   THE   MUNICIPAL   COURT. 

with  the  disease  of ,  and  the  said 

havinji:  said  information  unlawfully  failed  to  promptly  report 
such  knowledgre  to  the  Board  of  Live  Stock  Commissioners  of  the 
State  of  Illinois, 

(4.) 

did  then  and  there  convey  along  a  certain  public  highway,  to-wit 

,  certain  swine  which  were  then  and  there 

affected  with  the  disease  of,  (or  "swine  known  to  have  died  of 
the  disease  of"  or  "swine  kno%vn  to  have  been  slaughtered  on 
account  of  the  said  disease  of"), 

An  Act  to  cooperate  with  the  United  States  in  the  suppression 
and  extirpation  of  pleuro-pneumonia.  In  force  July  1,  1887. 
Laws  of  1887,  p.  16. 

The  penal  provision  of  this  act  is  contained  in  paragraph  65, 
p.  158,  Hurd's  R.  S.  of  1905,  Chapter  8. 

(form  of  INFORMATION  OMITTED.) 

An  Act  to  punish  false  pretences  in  obtaining  certificates  of 
registration  of  cattle  and  other  animals  and  to  punish  giving 
false  pedigrees.  Approved  May  13,  1887.  In  force  July  1,  1887. 
Laws  of  1887,  p.  18. 

The  penal  provisions  of  this  act  are  contained  in  paragraph  73, 
p.  159,  Hurd's  R.  S.  of  1905,  Chapter  8. 

(forms  of    INFORMATION    OMITTED.) 

An  Act  to  define  the  duties  of  railroad,  steamboat,  transporta- 
tion and  stock  yard  companies  under  proclamation  of  the  gov- 
ernor scheduling  territory  on  account  of  splenic  or  Texas  fever 
among  cattle.  Approved  and  in  force  May  28,  1889.  Laws  of 
1889,  p.  5. 

The  penal  provisions  of  this  act  are  contained  in  paragraph 
45,  p.  153,  Hurd's  R.  S.  of  1905,  Chapter  8. 

(forms   OF   INFORMATION   OMITTED.) 

An  Act  to  prevent  the  mutilation  of  horses.  Approved  June 
17,  1891.    In  force  July  1,  1891.     Laws  of  1891,  p.  101. 

The  penal  provisions  of  this  act  are  contained  in  paragraph 
74.  p.  159,  Hurd's  R.  S.  of  1905,  Chapter  8. 

(forms   OF    INFORMATION   OMITTED.) 


STATUTORY    MISDEMEANORS.  277 

An  Act  to  prevent  the  spread  of  contajGrious  and  infectious 
diseases  among  swine.  Approved  June  21,  1895.  In  force  July 
1,  1895.     Laws  of  1895,  p.  6. 

The  penal  provisions  of  this  act  are  contained  in  paragraphs 
1,  8,  9  and  10  of  pp.  146-147,  Hurd's  R.  S.  of  1905,  Chapter  8. 

(FORMS  OF  COMPLAINT  OMITTED.) 

An  Act  to  encourage  the  breeding  and  improvement  in  horses 
and  to  prevent  false  entries  in  exhibitions  or  races  and  to  provide 
penalties  therefor.  Approved  and  in  force  May  31,  1895.  Laws 
of  1895,  p.  3. 

The  penal  provisions  of  this  act  are  contained  in  paragraphs 
11  and  12,  p.  147,  Hurd's  R.  S.  of  1905,  Chapter  8. 

FORM   OF  INFORMATION. 

did  then  and  there  enter  in  a  contest  of  speed  for  a  certain  prize 

offered  by  the Association  of  said  County, 

a  certain  pacing  mare  under  the  name  of , 

well  knowing  that  the  true  name  of  said  mare  was , 

An  Act  in  relation  to  domestic  animals  running  at  large  within 
the  State  of  Illinois.  Approved  June  21,  1895.  In  force  July 
1,  1895.     Laws  of  1895,  p.  4. 

An  Act  amendatory  of  the  foregoing  act.  See  Laws  of  1905, 
p.  5. 

The  penal  provisions  of  these  acts  are  contained  in  paragraphs 
1  and  2  on  page  146,  Hurd's  R.  S.  of  1905,  Chapter  8. 

FORM    OF    INFORMATION. 

being  the  owner  of  a  certain  bay  horse  did  then  and  there  suffer 
the  same  to  run  at  large, 

An  Act  to  prevent  the  shooting  of  live  pigeons,  fowl  and  other 
birds  for  amusement  or  as  a  test  of  skill  in  marksmanship.  Ap- 
proved April  7,  1905.  In  force  July  1,  1905.  Laws  of  1905, 
p.  4. 

The  penal  provisions  of  this  act  are  found  in  paragraph  76, 
p.  159,  Hurd's  R.  S.  of  1905,  Chapter  8. 


278  PRACTICE  IN  THE  MUNICIPAL    COURT. 

(forms   of   INFORMATION   OMITTED,  j 

APPRENTICES. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  Act  to  revise  the  law  in  relation  to  apprentices.  Ap- 
proved Feb.  25,  1874.  In  force  July  1,  1874.  K.  S.  of  1874, 
p.  146. 

The  penal  provisions  of  the  act  are  contained  in  parayrraph  19, 
p.  162,  Ilurd's  R.  S.  of  1905,  Chapter  9. 

FORM  OF   COMPLAINT. 

did  then  and  there  (here  insert  "counsel,"  "persuade"  or  "en- 
tice") one ,  who  was  then  and  there  the 

(here  insert  "clerk,"  "apprentice"  or  "servant")  of  one 

to  (here  insert  "run  away"  or  "to  absent 

himself  from  the  services  of  the  said ,  his  then 

master"  or  "to  rebel  agrainst  the  said ,  his 

said  master "  or  "to  assault  the  said ,  his 

said  master"), 

ARCHITECTS. 

The  statutory  provisions  now  in  force  on  this  subject  are  con- 
tained in  the  following  acts : 

An  Act  to  pro^dde  for  the  licensing  of  architects  and  regulat- 
ing the  practice  of  architecture  as  a  profession.  Approved  June 
3,  1897.     In  force  July  1,  1897.     Laws  of  1897,  p.  81. 

An  Act  amendatory  of  the  foregoing  act.  See  Laws  of  1905, 
p.  78. 

The  penal  provisions  of  these  acts  are  contained  in  paragraph 
8,  p,  169,  Kurd's  R.  S.  of  1905,  Chapter  10a. 

(forms  of  COMPLAINT  OMITTED.) 

ARSON. 

The  statutory'  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  Act  to  re\'ise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874,  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 


STATUTORY   MISDEMEANORS.  279 

The  penal  provisions  of  the  act  on  this  subject  are  contained 
in  paragraph  18,  p.  670,  Kurd's  R.  S.  of  1905,  Chapter  38. 

FORM  OF  COMPLAINT. 

did  then  and  there  (here  insert  ''wilfully  and  intentionally"  or 
"negligently"  or  ''carelessly")  (here  insert  "set  on  fire"  or 
"cause  to  be  set  on  fire")    certain    (here  insert  "woods"  or 

"prairies"  or  "grounds")  situated  at in  the 

city  of  Chicago,  county  of  Cook  and  State  of  Illinois,  said  (here 
insert  "woods"  or  "prairies"  or  "grounds")  then  and  there  be- 
longing to  one , 

ASSAULT  AND  ASSAULT  AND  BATTERY. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  Act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  1874, 
p.  352. 

The  penal  provisions  in  question  of  this  act  are  found  in  para- 
graphs 20,  21  and  22,  p.  670,  Kurd's  R.  S.  of  1905,  Chapter  38. 

FORMS  OF   COMPLAINT. 
(1.) 

did  then  and  there  with  force  and  arms  unlawfully  attempt  to 
stidke,  beat,  wound,  and  commit  a  violent  injury  on  the  person 

of  one with   (here  insert  "fists" 

or  "club"  or  "knife"  or  "gun"  or  "revolver"  or  "slung-shot" 
or  "brass-knuckles"  or  whatever  means  were  used  in  the  as- 
sault), he,  the  said  (here  insert  the  name  of  the  defendant)  then 
and  there  having  the  present  ability  to  commit  the  said  violent 
injury, 

(2.) 

did  then  and  there  unlawfully  assault  one 

and  did  then  and  there  beat,  bruise  and  wound  him,  the  said 


ASSAULT  WITH  DEADLY  WEAPON. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  Act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 


280  PRACTICE   IN   THE   MUNICIPAL    COURT. 

Approved  May  27,  1874.  In  force  July  1,  1874.  R.  S.  of  1874, 
p.  352. 

The  penal  provisions  in  question  are  found  in  paragraph  25, 
p.  670,  Kurd's  R.  S.  of  1905,  Chapter  38. 

FORM   OF  INFORMATION. 

did  then  and  there  with  a  deadly  weapon,  to-wit  (here  insert 
"revolver"  or  "knife"  or  "chisel"  or  "hammer"  or  "brass- 
knuckles"  or  "boot,"  or  whatever  the  deadly  weapon  may  be) 
unlawfully,  wilfully  and  maliciously  make  an  assault  upon  one 

' with  the  intent  on  the  part  of  the  said 

(here  insert  the  name  of  the  defendant)  then  and  there  unlaw- 
fully, wilfully  and  maliciously  to  inflict  upon  the  person  of  the 
said a  bodily  injury, 

ATTEMPTS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  Act  to  revise  the  law  in  relation  to,  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1.  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provisions  in  question  are  found  in  paragraph  273, 
pp.  730-1,  Kurd's  R.  S.  of  1905,  Chapter  38. 

FORM   OF   INFORMATION. 

did  then  and  there  attempt  to  commit  an  offense  prohibited  by 

law,  to-wit,  the  offense  of and  did  then 

and  there  do  a  certain  act  toward  the  commission  of  said  offense, 
to-wit  (here  insert  the  overt  act)  and  (here  insert  "then  and 
there  failed  to  commit  said  offense  "  or  "  was  then  and  there  pre- 
vented in  the  execution  of  said  offense,") 

ATTORNEYS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  Act  to  prevent  and  punish  frauds  in  the  practice  of  law. 
Approved  May  16,  1905.  In  force  July  1,  1905.  Laws  of  1905, 
p.  190. 


STATUTORY    MISDEMEANORS.  281 

The  penal  provisions  of  the  act  are  found  in  paragraphs  118a 
and  118b,  p.  696,  Kurd's  R.  S.  of  1905,  Chapter  38. 

FORMS  OF  INFORMATION. 
(1.) 

was  then  and  there  a  person  residing  in  the  State  of  Illinois,  and 
was  not  then  and  there  regularly  licensed  to  practice  law  in  the 

courts  of  this  State^  and  the  said did 

then  and  there  hold  himself  out  as  a  (here  insert  "attorney  at 
law"  or  "solicitor  in  chancery"), 

(2.) 
was  then  and  there  a  person  residing  in  the  State  of  Illinois  and 
Avas  not  then  and  there  regularly  licensed  to  practice  law  in  the 

courts  of  this  State,  and  the  said did  then 

and  there  hold  himself  out  or  represent  himself   (here  insert 
"verbally"  or  "in  writing")   as  authorized  to  practice  law, 

AUTOMOBILES. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  Act  to  regulate  the  speed  of  automobiles  and  other  horse- 
less conveyances  upon  the  public  streets,  roads  and  highways  of 
the  State  of  Illinois.  Approved  May  13,  1903.  In  force  July  1, 
1903.     Laws  of  1903,  p.  301. 

The  penal  provisions  of  this  act  are  found  in  sections  269a, 
269b  and  269c,  pp.  1765-1766,  Kurd's  R.  S.  of  1905,  Chap- 
ter 121. 

FORMS  OF  INFORMATION. 
(1.) 

did  then  and  there  propel  an  automobile  upon  and  along 

street  in  said  city  at  a  rate  of  speed  in  excess  of 

miles  per  hour, 

(2.) 

was  then  and  there  driving  an  automobile  in  and  along 

street  of  said  city  and  it  appearing  that  a  certain 

horse  driven  by  one was  about  to  become 


282  PRACTICE   IN   TIIE   MUNICIP-VL   COURT. 

friijrhtened  by  the  approach  of  said  automobile,  then  and  there 
wholly  failed  and  neglected  to  cause  said  automobile  to  come  to 
a  full  stop  until  said  horse  had  passed, 

BANKS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
followincr  act: 

An  Act  concerning  corporations  with  banking  powers.  Ap- 
proved June  16,  1887.  Submitted  to  the  vote  of  the  people  at 
the  November  election  1887  and  adopted.     Laws  of  1887,  p.  89. 

The  penal  provisions  of  the  act  are  found  in  paragraph  7, 
p.  201,  Kurd's  R.  S.  of  1905,  Chapter  16a. 

(forms  of  information  omitted.) 

BARRATRY  AND  MAINTENANCE. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  Act  to  revise  the  law  in  relation  to  criminal  jurispinidence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provisions  in  question  are  found  in  paragraphs  26 
and  27,  p.  671,  Kurd's  R.  S.  of  1905,  Chapter  38. 

FORMS   OF    COMPLAINT. 
(1-) 

did  then  and  there  wickedly  and  wilfully  excite  and  stir  up  a 

certain  suit  at  law  between  one and  one .... 

who  were  then  and  there  residents  of  the 

State  of  Illinois,  and  another  suit  at  law  between  one 

and  one who  were 

then  and  there  residents  of  the  State  of  Illinois,  with  the  view 

to  promote  strife  and  contention  and  he,  the  said 

was  then  and  there  by  reason  of  the  said  exciting  and 

said  stirring  up  of  said  suits,  guilty  of  common  bai*ratry. 

(2.) 
did  then  and  there  officiously  intermeddle  in  a  certain  suit  at 

common  law  entitled vs 

in  the court  of  Cook  county,  in  the  State  of 


STATUTORY    MISDEMEANORS.  283 

Illinois,  the  said  lawsuit  in  nowise  then  and  there  belonging  to  or 

concerning  the  said by  maintaining 

and  assisting  one ,  one  of  the  parties  to  said 

lawsuit  (with  money  or  whatever  other  means  were  used  to  as- 
sist) to  prosecute  (or  "defend")  such  suit  with  the  view  on  the 
part  of  the   said to  promote   litigation, 

BICYCLE  RIDING. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  Act  to  prevent  long  continued  and  brutal  bicycle  riding. 
Approved  June  10,  1897.  In  force  July  1,  1897.  Laws  of  1897, 
p.  202. 

The  penal  provisions  of  the  act  are  found  in  paragraphs  53a, 
53b  and  53c,  p.  682,  Kurd's  R.  S.  of  1905,  Chapter  38. 

FORMS  OF  INFORMATION. 

(1.) 

did  then  and  there  take  part  in  a  bicycle  race  of  more  than 
twelve  hours'  duration  without  a  rest  of  six  consecutive  hours 
following  each  twelve  hours'  racing, 

(2.) 

did  then  and  there  lease  to  one ,  the  building 

known  as  No in  said  city,  for  the  purpose  of 

conducting  therein  a  bicycle  race  of  more  than  twelve  consecu- 
tive hours'  duration  without  a  rest  of  six  consecutive  houre  fol- 
lowing each  twelve  hours'  racing, 

BRIBERY. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  Act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  pena]  provisions  in  question  are  found  in  paragraphs  32 
and  34,  p.  672,  Kurd's  R.  S.  of  1905,  Chapter  38. 

(forms   of    INFORMATION    OMITTED.) 


284  PRACTICE  IN  THE  MUNICIPAL  COURT. 

CANADA  THISTLES. 

'The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  Act  concerning  Canada  Thistles.  Approved  and  in  force 
March  15,  1872.     Laws  of  1871-2,  p.  210. 

An  Act  amendatory  of  the  foregoing  act.  See  Laws  of  1885, 
p.  53. 

The  penal  provisions  of  these  acts  are  found  in  paragrai)h 
81/2,  p.  212,  Hurd's  R.  S.  of  1905,  Chapter  18. 

An  Act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provisions  in  question  are  found  in  paragraphs  40 
and  41,  p.  676,  Hurd's  R.  S.  of  1905,  Chapter  38. 

FORMS   OF   COMPLAINT. 
(1.) 

being  the  Commissioner  of  Canada  Thistles  in  said  city,  did  then 
and  there  refuse  and  neglect  to  perform  his  duties  as  such  com- 
missioner. 

(2.) 
being  the  owner  of  certain  land  in  said  county,  known  as  (de- 
scribe same),   did  then  and  there  permit   Canada  thistles  to 
mature  and  ripen  their  seed  on  said  land  so  that  same  might  be 
disseminated, 

(3.) 
did  then  and  there  bring  into  the  State  of  Illinois  in  a  package 
of  certain  goods  certain  seed  of  the  Canada  thistle  and  did  then 
and  there  permit  the  same  to  be  disseminated  so  as  to  vegetate 
upon  certain  Ir.nd  in  the  State  of  Illinois,  to-wit,  land  situated 

in (here  describe  land  by 

mentioning  the  owner,  etc.), 

CANAL. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 


STATUTORY  MISDEMEANORS.  285 

"An  Act  to  revise  the  law  in  relation  to  the  Illinois  and  Michi- 
gan Canal  and  for  the  improvement  of  the  Illinois  and  Little 
Wabash  Rivers.  Approved  March  27,  1874.  In  force  July  1, 
1874.    R.  S.  of  1874,  p.  188. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  15 
to  28,  pp.  216-217,  Kurd's  R.  S.  of  1905,  Chapter  19. 

FORMS  OF  COMPLAINT. 
(1.) 

did  then  and  there  without  the  permission  of 

who  were  then  and  there  Canal  Commissioners  of 

Canal  (here  insert  "take"  or  "remove")  from  said  canal  cer- 
tain (here  insert  "rock"  or  "stone"  or  "coal"  or  other  material, 
naming  it), 

(2.) 
did  then  and  there  commit  a  certain  trespass,  to-wit  (here  in- 
sert the  act  constituting  the  trespass) 

CASTOR  BEANS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  Act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provisions  in  question  are  found  in  paragraph  42, 
p.  676,  Hurd's  R.  S.  of  1905   Chapter  38. 

FORM  OP  COMPLAINT. 

did  then  and  there  raise  upon  his  land  at  (describe  location) 
castor  beans,  without  protecting  same  from  the  approach  of  cat- 
tle by  a  good  and  lawful  fence, 

CEMETERIES. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  Act  to  protect  cemeteries  and  to  provide  for  their  regula- 
tion and  management.  Approved  June  29,  1885.  In  force  July 
1,  1885.    Laws  of  1885,  p.  57. 


286  PRACTICE    IN    THE    MUNICIPAL,    COURT. 

The  penal  provisions  of  this  act  are  found  in  paragi'aphs  15 
and  16,  p.  222,  Hurd's  K  S.  of  1905,  Chapter  21. 

FORMS  OF  COMPLAINT. 

(1.) 

did  then  and  there  wilfully  (here  insert  "destroy"  or  "muti- 
late'' or  "injure")  a  certain  (here  insert  "tomb"  or  "monu- 
ment" or  "stone"  or  "vault,"  or  "tree"  or  "shrub"  or  "orna- 
ment" or  any  other  object),  which  said 

was  then  and  there  in  a  certain  cemetery,  to-wit, 

cemetery  located  at , 

(2.) 
did  then  and  there  unlawfully  (here  insert  "hunt"  or  "shoot" 
or  "discharge  a  gun,"  or  "discharge  a  pistol,"  or  "discharge  a 

")  within  the  limits  of  a  certain  cemetery, 

to-wit cemetery  located  at 

CHARITIES. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts : 

An  Act  to  establish  the  Illinois  Western  Hospital  for  the  In- 
sane and  making  an  appropriation  for  the  purchase  of  land  and 
the  construction  of  necessary  buildings  and  to  regulate  the  com- 
mitment of  insane  persons  thereto.  Approved  ]\Iay  22,  1895.  In 
force  July  1, 1895.     Laws  of  1895,  p.  18. 

The  penal  provisions  of  this  act  are  found  in  paragraph  72, 
p.  248,  Hurd's  R.  S.  of  1905,  Chapter  23. 

FORM   OF  INFORMATION. 

was  then  and  there  a  trustee  of  the  Illinois  "Western  Hospital 
for  the  Insane  and  was  then  and  there  interested  in  a  certain 
contract  (here  insert  "for  the  erection  of  certain  of  the  build- 
ings of  said  Illinois  Western  Hospital  for  the  Insane,"  or  "for 
furnishing  certain  material  for  certain  of  the  buildings  of  said 
Illinois  Western  Hospital  for  the  Insane"), 

An  Act  to  establish  and  maintain  a  home  for  the  disabled 
mothers,  wives,  widows  and  daughters  of  disabled  or  deceased 
soldiers  in  the  State  of  Illinois  and  to  provide  for  the  purchase 


STATUTORY    MISDEMEANORS,  287 

and  maintenance  thereof.  Approved  June  13,  1895.  In  force 
July  1,  1895.     Laws  of  1895,  p.  23. 

The  penal  provisions  of  this  act  are  found  in  paragraph  139, 
p.  259,  Kurd's  R.  S.  of  1905,  Chapter  23. 

FORM   OF  INFORMATION. 

was  then  and  there  a  trustee  of  the  Soldiers'  Widow's  Home  of 
Illinois,  and  while  such  Trustee  of  said  Soldiers '  Widow 's  Home 
of  Illinois  was  then  and  there  pecuniarily  interested  in  a  cer- 
tain contract  for  the  purchase  of  certain  (here  insert  "building" 
or  "grounds"  or  "material"  or  "supplies")  for  said  Home, 

An  Act  prohibiting  the  sale,  distribution  or  gift  of  intoxicat- 
ing liquors  near  national  homes  for  disabled  volunteer  soldiera. 
Approved  and  in  force  April  21,  1899.     Laws  of  1899,  p.  149. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  166 
and  167,  p.  264,  Kurd's  R.  S.  of  1905,  Chapter  23. 

FORM  OF   INFORMATION. 

did  then  and  there  unlawfully  (here  insert  "sell"  or  "dis- 
tribute" or  "give  away")   certain  intoxicating  liquors,  to-wit, 

at ,  which  said 

was  then  and  there  within  two  thousand  feet 

of  the  boundaries  of  the  land  owned  and  used  as  a  home  by  the 
National  Home  for  Disabled  Volunteer  Soldiers  in  the  State  of 
Illinois, 

An  Act  to  regulate  the  surrender,  placing  and  transfer  of 
children.  Approved  May  13,  1905.  In  force  July  1,  1905. 
Laws  of  1905,  p.  86. 

The  penal  provisions  of  this  act  are  found  in  paragraph  266, 
p.  281,  Kurd's  R.  S.  of  1905,  Chapter  23. 

FORM  OF  INFORMATION. 

was  then  and  there  engaged  in  the  business  of  placing  dependent 
children  under  the  age  of  eighteen  years  in  homes,  and  did  then 

and  there  place  one ,  she  being  a  dependent 

child,  in  the  family  of  one ,  without  first 

having  obtained  the  consent  of  its  parents,  the  said  child  not 

having  been  committed  to  him,  the  said 

by  a  competent  court. 


288  PRACTICE  IN  THE  MUNICIPAL  COURT 


CHILDREN. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts : 

An  act  to  prevent  and  punish  wrongs  to  children.  Approved 
May  17,  1877.     In  force  July  1,  1877.     Laws  of  1877,  p.  90. 

The  penal  provisions  of  this  act  are  contained  in  paragraph 
42e,  p.  677  of  Kurd's  R.  S.  of  1905,  Chapter  38. 

FORM   OF   INFORMATION. 

having  the  custody  of  one ,  a  child  under 

the  age  of  fourteen  years  did  then  and  there  employ  said 

in  the  occupation  of  dancing  at  the 

theater  in  said  city, 

An  act  to  pix>liibit  selling,  giving  or  furnishing  tobacco  in  any 
of  its  forms  to  minors  and  providing  a  penalty  therefor.  Ap- 
proved June  15,  1887.  In  force  July  1,  1887.  Laws  of  1887, 
p.  29. 

The  penal  provisions  of  this  act  are  contained  in  paragraph 
42g,  p.  677,  Hurd's  R.  S.  of  1905,  Chapter  38. 

An  act  to  amend  an  act  entitled  "An  act  to  prevent  and  pun- 
ish wrongs  to  children,"  approved  May  17,  1887,  in  force  July 
1,  1887.  Approved  June  21,  1895.  In  force  July  1,  1895.  Laws 
of  1895,  p.  153. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  492- 
496,  p.  754,  Hurd's  R.  S.  of  1905,  Chapter  38. 

Note.  The  last  mentioned  act  is  probably  unconstitutional, 
because  it  purports  to  amend  sections  with  numbers  which  do  not 
exist  in  the  original  act. 

FORM   OF   COMPLAINT, 

did  then  and  there  sell  to  one ,  a  minor  under 

the  age  of  sixteen  years,  a  package  of  cigarettes,  the  said  minor 
having  presented  no  written  order  from  his  parent  or  guardian 
for  the  sale  thereof, 

An  act  for  the  punishment  of  crimes  against  children.  Ap- 
proved May  11,  1905.  In  force  July  1,  1905.  Laws  of  1905, 
p.  188. 


STATUTORY   MISDEMEANORS.  289 

The  penal  provisions  of  this  act  are  contained  in  paragraph 
42hb,  p.  678,  Kurd's  R.  S.  of  1905,  Chapter  38. 

FORM  OF   INFORMATION. 

having  the  custody  of  one * ,  a  delinquent  child, 

did  then  and  there  neglect  to  remove  the  conditions  which  ren- 
dered said  child  delinquent  though  abundantly  able  so  to  do, 

An  act  for  the  prevention  of  blindness.  Approved  June  21, 
1895.     In  force  July  1,  1895.     Laws  of  1895,  p.  152. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  510 
and  511,  p.  758,  Hurd's  R.  S.  of  1905,  Chapter  38. 

FORM  OF   COMPLAINT. 

heing  a  nurse  and  having  charge  of  one , 

an  infant  newly  born,  then  and  there  failed  and  neglected  to 
report  in  writing  to  any  health  officer  or  qualified  practitioner 
of  medicine  in  said  city  within  six  hours  after  she  noticed  the 
fact  that  the  eyes  of  said  infant  were  inflamed,  said  infant  being 
then  and  there  less  than  two  weeks  old  and  having  inflamed 
eyes, 

An  act  to  provide  for  the  punishment  of  persons  responsible 
for  or  directly  promoting,  or  contributing  to,  the  conditions  that 
render  a  child  dependent,  neglected  or  delinquent,  and  to  pro- 
vide for  suspension  of  sentence  and  release  on  probation  in  such 
cases.  Approved  May  13,  1905.  In  force  July  1,  1905.  Laws 
of  1905,  p.  189. 

The  penal  provisions  in  question  are  found  in  paragraph  4:2hb, 
p.  678,  Hurd's  R.  S.  of  1905,  Chapter  38. 

(forms  OF   COMPLAINT  OMITTED.) 

CITIES,  VILLAGES  AND  TOWNS. 

The  statutory  provisions  now  in  force  on  this  subject  are  con- 
tained in  the  following  acts : 

An  act  to  provide  for  the  incorporation  of  cities  and  villages. 
Approved  April  10,  1872.  In  force  July  1,  1872.  Laws  of 
1871-2,  p.  218. 

The  penal  provisions  of  this  act  are  contained  in  paragraph 

19 


290  PRACTICE  IN  THE  MUNICIPAL  COURT. 

27,  p.  294,  paragraph  102,  p.  309,  and  paragraph  110,  p.  310- 
311,  Kurd's  R.  S.  of  1905,  Chapter  34. 

FORMS  OF  INFORMATION. 
1.      MISCONDUCT  OF  MAYOR  OR  OTHER  OFFICER.      PAGE  294,  PAR.  27. 

(1.)    ■ 

was  then  and  there  (here  insert  "mayor  of "  or 

"clerk  of ")  and  being  such  (here  in- 
sert "mayor  of "or  "clerk  of :  ")  was 

then  and  there  guilty  of  a  palpable  omission  of  duty  in  this  that 
he  then  and  there  neglected  to  (here  insert  the  act  which  de- 
fendant neglected  to  do), 

(2.) 

was  then  and  there  (here  insert ' ' mayor  of , '  * 

or  "clerk  of "),  and  being  such  (here 

insert  "mayor  of "  or  "clerk  of "), 

was  then  and  there  wilfully  and  corruptly  guilty  of  (here  insert 
"oppression"  or  "malconduct"  or  "misfeasance")  in  the  dis- 
charge of  the  duties  of  his  office^  in  this  that  he  then  and  there 
(here  insert  the  conduct  complained  of), 

An  act  to  regulate  the  manner  of  travel  upon  bridges,  the 
whole  or  a  part  of  which  are  owned  or  controlled  by  cities,  vil- 
lages and  towns  of  this  State  and  to  provide  for  the  enforcing  of 
the  same.  Approved  and  in  force  May  13,  1879.  Law  of  1879, 
p.  75. 

The  penal  provisions  of  this  act  are  contained  in  paragraph 
194&,  p.  322,  Kurd's  R.  S.  of  1905,  Chapter  34. 

FORM  OF   COMPLAINT. 

did  then  and  there  (here  insert  "ride"  or  "drive")  a  cer- 
tain horse  faster  than  a  walk  over  a  certain  bridge  in  said  city, 
which  said  bridge  was  then  and  there  owned  by  said  city,  and 
was  then  and  there  located  in  said  city  at  the  place  where  a  cer- 
tain street  in  said  city,  to-wit, street  crosses 

river  in  said  city, 

An  act  for  the  regulation  and  inspection  of  tenement  and 
lodging  houses  or  other  places  of  habitation.  Approved  and  in 
force  May  30,  1881.     Laws  of  1881,  p.  155. 


STATUTORY    MISDEMEANORS,  291 

The  penal  provisions  of  this  act  are  found  in  paragraphs  306- 
307,  pp.  354-5,  Hurd's  R.  S.  of  1905,  Chapter  34. 

FORM   OP  COMPLAINT. 
(1.) 

was  then  and  there  a  (here  insert  "architect"  or  "builder"  or 
" ")  and  was  then  and  there  interested  in  a  cer- 
tain projected  (here  insert  "tenement"  or  "lodging  house"  or 

" ")  then  and  there  intended  for  a  place 

of  habitation  in  the  city  of ,  which  said  city 

was  then  and  there  an  incorporated  city  of  fifty  thousand  inhabi- 
tants, and  the  said did  then  and  there  wil- 
fully and  unlawfully  neglect  to  submit  plans  and  specifications 
of  said  building  to  the  health  commissioner  of  said  city  in  order 
that  said  health  commissioner  might  then  and  there  examine  the 
said  plans  and  specifications  for  his  approval  or  rejection  as  to 
the  proposed  plans  for  the  ventilation  of  rooms,  light  and  air 
shaft,  windows,  ventilation  of  water-closets,  drainage  and  plumb- 
ing in  said  building, 

(2.) 
was  then  and  there  by  occupation  a  plumber  and  was  then  and 
there  interested  in  the  plumbing  work  in  the  building  known  as 
No in  said  city,  which  said  build- 
ing was  then  and  there  a  projected  (here  insert  "tenement"  or 

"lodging  house"  or  " ")  then  and  there  a  place 

of  habitation,  and  was  then  and  there  interested  in  a  contract 
for  the  plumbing  work  of  said  building,  and  did  then  and  there 
after  the  completion  of  said  plumbing  work  fail  to  notify  in 
writing  the  health  commissioner  of  said  city  that  said  building 
was  then  and  there  ready  for  inspection,  and  without  having  so 
notified  the  said  health  commissioner  in  writing  as  aforesaid,  he, 

the  said ,  caused  all  of  said  plumbing 

work  to  be  covered  up  in  said  building,  and  thereby  concealed 
such  plumbing  work  in  and  about  said  building, 

An  act  to  enable  cities,  towns  and  villages  organized  under 
any  general  or  special  law  to  levy  and  collect  a  tax  or  license  fee 
from  foreign  fire  insurance  companies  for  the  benefit  of  organ- 
ized fire  departments.  In  force  July  1,  1895,  Laws  of  1895,  p. 
104. 


292  PRACTICE  IN  THE  MUNICIPAL   COURT, 

The  penal  provisions  of  this  act  are  contained  in  paragraph 
421,  p.  386,  Hurd's  R.  S.  of  1905,  Chapter  34. 

(form  op   information  OMITTED.) 

An  act  to  prevent  the  use  of  uncovered  patrol  wagons  for  the 
conveyance  of  prisoners  and  prescribing  certain  penalties  for  the 
violation  thereof.  Approved  June  17,  1893.  In  force  July  1, 
1894.     Laws  of  1893,  p.  76. 

The  penal  provisions  of  this  act  are  contained  in  paragraphs 
442-443,  p.  393,  Hurd's  R.  S.  of  1905,  Chapter  34. 

FORM  OF  INFORMATION. 

w'as  then  and  there  a  police  oflficer  of  said  city,  and  did  then  and 

there  compel  one who  was  then  and  there 

under  arrest,  to  be  driven  in  an  uncovered  patrol  wagon  through 
the  public  streets  of  said  city  to  the  police  station. 

An  act  to  prevent  non-residents  from  serving  or  acting  as  dep- 
uty sheriffs,  special  policemen  or  constables.  Approved  June  19, 
1893.    In  force  July  1,  1893.    Laws  of  1893,  p.  2. 

The  penal  provisions  of  this  act  are  contained  in  paragraphs 
444-445,  p.  393,  Hurd's  R.  S.  of  1905,  Chapter  34. 

(form   of   INFORMATION   OMITTED.) 

An  act  empowering  the  fire  inspector  in  cities  of  500,000  and 
over  to  investigate  the  cause,  origin  and  circumstances  of  fires 
and  to  examine  persons  under  oath  in  reference  to  the  origin  of 
fires.  Approved  June  9,  1897.  In  force  July  1,  1897.  Laws  of 
1897,  p.  96. 

The  penal  provisions  of  this  act  are  contained  in  paragraph 
497,  p.  402,  Hurd's  R.  S.  of  1905,  Chapter  34. 

FORM   OF   COMPLAINT. 

was  then  and  there  the  occupant  (or  "owner")  of  the  building 

known  as  No ,  in  said  city,  and  did  then  and 

there  wilfully  refuse  to  appear  and  testify  in  regard  to  a  fire 
which  had  taken  place  in  said  building  when  summoned  by  the 
Fire  Inspector  of  said  city  for  that  purpose, 

An  act  to  provide  for  the  licensing  of  plumbers  and  to  super- 
vise and  inspect  plumbing.  Approved  June  10,  1897.  In  force 
July  1,  1897.     Laws  of  1897,  p.  279. 


STATUTORY   MISDEMEANORS.  293 

The  penal  provisions  of  this  act  are  contained  in  paragraph 
504,  pp.  403-04,  Hurd's  R.  S.  of  1905,  Chapter  34. 

FORM  OF  COMPLAINT. 

did  then  and  there  work  at  the  business  of  plumbing  as  (here 
insert ' '  master  plumber  "  or  * '  employe  plumber  "  or  "  journeyman 
plumber")  in  said  city,  being  a  city  of  five  thousand  or  more  in- 
habitants, without  having  passed  an  examination  before  the 
Board  of  Examiners  of  Plumbers  of  said  city,  and  without  hav- 
ing received  a  certificate  from  said  Board  of  Examiners  author- 
izing him  to  engage  in  the  business  of  plumbing  in  said  city. 

An  act  permitting  all  ex-union  soldiers  and  sailors  honorably 
discharged  from  the  military  or  marine  service  of  the  United 
States  the  right  to  vend,  hawk  and  peddle  goods,  wares,  fruits  or 
merchandise  not  prohibited  by  law  in  any  county,  town,  village, 
incorporated  city  or  municipality  in  the  State  of  Illinois.  Ap- 
proved May  11,  1901.  In  force  July  1,  1901.  Laws  of  1901, 
p.  236. 

The  penal  provisions  of  this  act  are  contained  in  paragraphs 
651-652,  p.  438  Hurd's  R.  S.  of  1905,  Chapter  34. 

FORMS  OF  INFORMATION. 

was  then  and  there  the  clerk  of  said  city  and  one 

,  who  was  then  and  there  a  soldier  honorably  dis- 
charged from  military  service  of  the  United  States,  did  then 

and  there  present  his,  the  said ,  certificate  of 

discharge  to  the  clerk  of  said  city,  and  did  then  and  there  show 
proof  of  his  identity  as  the  person  named  in  said  certificate  of 
honorable  discharge,  and  did  then  and  there  request  the  said 

to  then  and  there  issue  to  said 

,  an  ex-soldier  as  aforesaid,  a  certain  license  to 

hawk  and  peddle  goods,  wares,  and  merchandise,  within  said  city, 

without  the  payment  of  a  fee  therefor,  and  the  said 

then  and  there  wilfully  and  unlawfully  refused  to  issue 

the  said  license  free  of  charge, 

CIVIL  RIGHTS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  to  protect  all  citizens  in  their  civil  and  legal  rights  and 


Ii94  PRACTICE  IN   THE   MUNICIPAL   COURT. 

fixing  a  penalty  for  violation  oi"  the  same.    Approved  June  10, 
1885.    In  force  July  1,  1885.     Laws  of  1885,  p.  64. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1897, 
p.  137. 

An  act  to  amend  Section  42*  of  "An  Act  to  revise  the  law  in 
relation  to  criminal  jurisprudence,"  approved  March  27,  1874, 
in  force  July  1,  1874,  as  amended  by  an  act  approved  June  10, 
1897,  in  force  July  1,  1897.  Approved  May  15,  1903.  In  force 
July  1,  1903. 

The  penal  provisions  of  these  acts  are  found  in  paragraph  42 j, 
p.  679  Kurd's  R.  S.  of  1905,  Chapter  38. 

(The  act  of  May  15,  1903,  is  of  doubtful  validity.  It  purports 
to  amend  Section  42i  of  the  act  entitled  "An  Act  to  revise  the 
law  in  relation  to  criminal  jurisprudence,"  There  is  no  such 
section  in  that  act.  It  is  probable,  therefore,  that  the  act  of  1885 
as  amended  by  the  act  of  1897  will  govern  in  the  determination 
of  offences  against  civil  rights.) 

FORM  OF  INFORMATION. 

being  the  owner  of  and  carrying  on  a  restaurant  at  No 

,  in  said  city,  did  then  and  there  refuse  to  serve 

one in  the  said  restaurant  with 

food  ordered  by  him  the  said ,  and  did 

then  and  there  refuse  said the  equal 

enjoyment  with  other  persons  of  the  accommodations  of  said 
restaurant, 

CIVIL  SERVICE. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts : 

An  act  to  regulate  the  civil  service  of  cities.  Approved  and 
in  force  March  20,  1895.     Laws  of  1895,  p.  85. 

The  penal  provisions  of  this  act  are  contained  in  paragraphs 
465-480,  pp.  397-9,  Kurd's  R.  S.  of  1905,  Chapter  24. 

An  act  to  revise  the  law  in  relation  to  the  election  of  county 
commissioners  in  Cook  county  and  to  fix  their  term  of  office.  Ap- 


STATUTORY    MISDEMEANORS.  295 

proved  June  15,  1893.  In  force  July  1,  1893.  Laws  of  1893,  p. 
92. 

Acts  amendatory  of  the  foregoing  acts.  See  Laws  of  1895, 
p.  136;  Laws  of  1905,  p,  135, 

The  penal  provisions  of  these  acts  are  found  in  divisions 
twenty-ninth  to  thirty-seventh,  inclusive,  thirty-ninth  and  forty- 
third,  inclusive,  of  paragraph  62,  pp.  569-76,  Kurd's  R.  S.  of 
1905,  Chapter  34. 

An  act  to  regxilate  the  Civil  Service  of  the  State  of  Illinois. 
Approved  May  11,  1905.  In  force  July  1,  1905.  Laws  of  1905, 
p.  113. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  19- 
31,  pp.  450-452,  Kurd's  R.  S.  of  1905,  Chapter  24a. 

(forms  of  information  omitted.) 
CLERKS  OF  COURTS. 

The  statutory  provisions  of  this  subject  are  contained  in  the 
following  act: 

An  act  to  revise  the  law  in  relation  to  clerks  of  courts.  Ap- 
proved March  25,  1874.  In  force  July  1,  1874.  R.  S.  of  1874, 
p.  260. 

The  penal  provisions  of  this  act  are  found  in  paragraph  17, 
p.  456,  Kurd's  R.  S.  of  1905,  Chapter  25. 

(forms  of  complaint  omitted.) 
COCAINE. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  to  amend  an  act  entitled  ' '  An  Act  to  regulate  the  prac- 
tice of  pharmacy  in  the  State  of  Illinois,  to  make  an  appropria- 
tion therefor  and  to  repeal  certain  acts  therein  named,"  ap- 
proved May  11,  1901,  in  force  July  1,  1901,  by  adding  thereto 
two  new  sections  to  be  known  as  section  14a  and  section  14&,  and 
to  amend  section  16  thereof.  Approved  May  13,  1903.  In  force 
July  1,  1903.     Laws  of  1903,  p.  248. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  32a 
and  32b,  pp.  1365-6,  Kurd's  R.  S.  of  1905,  Chapter  91. 


296  PRACTICE  IN  THE  MUNICIPAL  COURT. 

FORMS  OP  INFORMATION. 
(1.) 

was  then  and  there  a  druggist  carrying  on  the  business  of  a 

druggist  at  number street,   in  said 

city,  and  did  then  and  there  (here  insert  "retail"  or  "sell"  or 

"give  away")  to  one certain  (here  insert 

*' cocaine  hydrochlorate "  or  "a  certain  salt  of  cocaine  hydro- 
chlorate,  to-wit : "  or  "a  certain  compound  of 

cocaine,  to-wit : "  or  "a  certain  preparation, 

to-wit : ,  containing  cocaine")  without  the 

written  prescription  of  a  (here  insert  "licensed  physician"  or 
"licensed  dentist"),  licensed  under  the  laws  of  the  State  of 
Illinois, 

(2.) 
did  then  and  there   (here  insert  "retail  to"  or  "sell  to"   or 

"prescribe  for")  one ,  who  was  then  and 

there  addicted  to  the  habitual  use  of  (here  insert  "cocaine"  or 
' ' a  preparation  of  cocaine  to-wit, "  or  "a  com- 
pound of  cocaine,  to-wit ")   certain  (here  insert 

"cocaine  hydrochlorate"  or  "salts  of  cocaine,  to-wit " 

or  " a  compound  of  cocaine,  to-wit "  or  "a  cer- 
tain preparation  containing  cocaine,  to-wit "  or 

' '  a  certain  salt  containing  cocaine,  to-wit "  or  a 

"certain  compound  containing  cocaine,  to-wit. "),, 

COLORING  GRAIN. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  act  to  prevent  fraud  in  the  coloring  of  grain.  Approved 
May  25,  1887.     In  force  July  1,  1887.     Laws  of  1887,  p.  91. 

The  penal  provisions  in  question  are  found  in  paragraph  42o. 
p.  679,  Kurd's  R.  S.  of  1905,  Chapter  38. 

FORMS  OF  INFORMATION, 
(1.) 

did  them  and  there  (here  insert  "subject"  or  "cause  to  be  sub- 
jected") certain  (here  insert  "barley"  or  "wheat"  or  " 

")  to  fumigation  by  (here  insert  "sulphur"  or 


STATUTORY   MISDEMEANORS.  297 

" ")    and  by  reason  of  said  fumigation 

the   (here  insert  "color,"  or  "quality,"  or  "germ")    of  said 
grain  was  then  and  there  affected, 

(2.) 
did  then  and  there  (here  insert  "offer  for  sale"  or  "procure  to 
be  sold")  certain  (here  insert  "barley"  or  "wheat"  or  ".,., 

")  which  had  theretofore  been  subjected  to 

fumigation  by  sulphur (or  " process") 

he  the  said then  and  there  well  knowing  that 

said had  been  so  subjected  to  said  fumigation, 

COMPOUNDING  A  CRIME. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of  1874, 
p.  352. 

The  penal  provision  in  question  is  found  in  paragraph  43,  p. 
680,  Kurd's  R.  S.  of  1905,  Chapter  38. ^ 

FORM  OF  INFORMATION. 

that  one did,  on  a  certain  day,  commit  a 

-certain  criminal  offense,  to-wit :  the  offense  of 

and  afterwards  the  said  (here  insert  name  of  defendant)  then 

and  there  took  from certain  money,  to-wit : 

Dollars  to  compound  said  criminal 

offense, 

CONCEALING  DEATH  OF  BASTARD. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  May  27,  1874.  In  force  July  1,  1874.  R.  S.  of  1874, 
p.  352. 

The  penal  provisions  in  question  are  found  in  paragraph  44,  p. 
680,  Hurd's  R.  S.  of  1905,  Chapter  38. 


298  PRACTICE  IN  THE   MUNICIPAL  COURT. 

FORM   OF   INFORMATION. 

was  then  and  there  an  unmarried  woman  and  did  then  and  there 
endeavor  i)rivatcly  to  conceal  the  death  of  an  infant,  then  and 

there  the  issue  of  her,  the  said so  that 

the  said  infant  then  and  there  the  issue  of  the  body  of  her  the 
said might  not  come  to  light, 

CONCEALING  PROPERTY. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  punishing  persons  hiding  or  concealing  property  levied 
upon  by  legal  process  or  held  under  a  distress  warrant.  Approved 
May  31,  1879.    In  force  July  1,  1879.    Laws  of  1879,  p.  13. 

The  penal  provisions  of  this  act  are  found  in  paragraph  44a, 
p.  680,  Kurd's  R.  S.  of  1905,  Chapter  38. 

FORM  OF  COMPLAINT. 

(1.) 

was  then  and  there  a  (here  insert  "a  constable"  or  "sheriff" 
or  "deputy  sheriff")   of  Cook  county,  and  then  and  there,  by 

virtue  of  a  certain  (here  insert  "legal  process,  to-wit: 

"  or  "distress  warrant")  seized  certain  property, 

to-wit:  (here  insert  what  the  property  was)  and  did  then  and 
there  hide  and  conceal  the  same  so  that  said  property,  to-wit : . . 
could  not  be  recovered  by  a  writ  of  re- 
plevin in  said  Cook  county  where  said  seizure  took  place, 

(2.) 
was  then  and  there  a  (here  insert  "a  constable"  or  "sheriff"  or 
"deputy  sheriff'")    of   Cook   county,   and  then   and   there,   by 
virtue  of  a  certain  (here  insert  "legal  process,  to-wit: 

"  or  "distress  warrant")  seized  certain  property, 

to-wit : ,  and  did  then  and  there  refuse 

to  deliver  the  said  property  to  one who 

was  then  and  there  a  (here  insert  "constable"  or  "deputy  sher- 
iff") in  and  for  the  county  of  Cook,  who  then  and  there  had  a 

writ  of  replevin  for  said  property,  and  said 

having  then  and  there  demanded  from  said 

said  property, 


STATUTORY   MISDEMEANORS.  299 

CONSPIRACY  TO  INDICT. 

The  statutoiy  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provision  in  question  is  found  in  paragraph  45,  p. 
680  of  Kurd's  R.  S.  of  1905,  Chapter  38. 

FORM  OF  INFORMATION. 

did  then  and  there  conspire  and  agree  to  falsely  and  maliciously 

(here  insert  "indict"  or  "cause  to  be  indicted")  one 

,., on  the  charge  of 

CORONERS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  act  to  revise  the  law  in  relation  to  coroners.  Approved 
February  6,  1874.  In  force  July  1,  1874.  R.  S.  of  1874,  p. 
281. 

The  penal  provisions  in  question  are  found  in  paragraph  12, 
p.  492  of  Kurd's  R.  S.  of  1905,  Chapter  31. 

(forms  op  complaint  omitted.) 

CORPORATIONS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  act  to  regulate  the  admission  of  foreign  corporations  for 
profit  to  do  business  in  the  State  of  Illinois.  Approved  May  18, 
1905.     In  force  July  1,  1905.     Laws  of  1905,  p.  124. 

The  penal  provisions  of  this  act  are  found  in  paragraph  67tj, 
p.  514,  Kurd's  R.  S.  of  1905,  Chapter  32. 

An  act  to  enable  associations  of  persons  to  become  a  body  cor- 
porate to  raise  funds  to  be  loaned  only  among  the  membere  of 
such  association.     In  force  July  1,  1879.     Laws  of  1879,  p.  83. 


300  PKACTICE  IN  THE  MUNICIPAL   COURT 

Acts  amendatory  of  the  foregoing-  act.  Laws  of  1887,  p.  131 : 
Laws  of  1891,  p.  90;  Laws  of  1893,  p.  83;  Laws  of  1897,  p. 
166 ;  Laws  of  1899,  p.  112 ;  Laws  of  1903,  p.  124. 

The  penal  provisions  of  these  acts  are  found  in  paragraph 
78a,  p.  517,  paragraph  82o,  p.  518  and  paragraph  91a,  p.  522  of 
Kurd's  R.  S.  of  1905,  Chapter  32. 

(forms  of  complaint  omitted.) 

An  act  to  regulate  foreign  building,  loan  and  homestead  as- 
sociations doing  business  in  the  State  of  Illinois.  Approved 
June  20,  1893.     In  force  July  1,  1893.     Laws  of  1893,  p.  86. 

The  penal  provisions  of  this  act  are  found  in  paragraph  9122, 
page  527,  Kurd's  E.  S.  of  1905,  Chapter  32. 

(forms  of  complaint  omitted.) 

An  act  to  regulate  the  fees  of  court  receivers  and  attorneys' 
fees  in  receivership  cases  of  building  and  loan  associations.  Ap- 
proved May  10,  1901.  In  force  July  1,  1901.  Laws  of  1901, 
p.  206. 

The  penal  provisions  of  this  act  are  found  in  paragraph  9I222, 
p.  528,  Kurd's  R.  S.  of  1905,  Chapter  32. 

(forms  of  information  omitted.) 

An  act  to  provide  for  the  organization,  management  and  regu- 
lation of  surety  companies.  Approved  and  in  force  April  17, 
1899.     Laws  of  1899,  p.  260. 

The  penal  provisions  of  this  act  are  found  in  paragraph  102p, 
p.  533,  Kurd's  R.  S.  of  1905,  Chapter  32. 

(forms  of  information  omitted.) 

An  act  to  provide  for  and  regulate  the  administration  of 
trusts  by  trust  companies.  Approved  June  15,  1887.  In  force 
July  1,  1887.     Laws  of  1887,  p.  144. 

The  penal  provisions  of  this  act  are  contained  in  paragrapli 
143,  p.  541,  Kurd's  R.  S.  of  1905,  Chapter  32. 
(forms  of  complaint  omitted.) 

An  act  in  relation  to  gas  companies.  Approved  June  5,  1897. 
In  force  July  1,  1897.     Laws  of  1897,  p.  177. 


STATUTORY   MISDEMEANORS.  301 

The  penal  provisions  of  this  act  are  contained  in  paragraph 
168,  p.  546,  Kurd's  R.  S.  of  1905,  Chapter  32. 

(forms  op  complaint  omitted.) 

An  act  to  provide  for  the  incorporation,  management  and  regu- 
lation of  pawners  societies  and  limiting  the  rate  of  compensa- 
tion to  be  paid  for  advances,  storage  and  insurance  on  pawns 
and  pledges,  and  to  allow  the  loaning  of  money  upon  personal 
property.  Approved  March  29,  1899.  In  force  July  1,  1899. 
Laws  of  1899,  p.  120. 

The  penal  provisions  of  this  act  are  found  in  paragraph  191, 
p.  549,  Hurd's  R.  S.  of  1905,  Chapter  32. 


form  of  information. 

was  then  and  there  a  (here  insert  "director"  or  ** officer"  or 
"employe")  of ,  a  corporation  or- 
ganized under  the  act  of  the  General  Assembly  of  the  State  of 
lUinois  entitled  "An  act  to  provide  for  the  incorporation,  man- 
agement and  regulation  of  Pawners'  Societies  and  limiting  the 
rate  of  compensation  to  be  paid  for  advances,  storage  and  in- 
surance on  pawns  and  pledges  and  to  allow  the  loaning  of  money 
upon  personal  property,"  approved  March  29,  1899,  and  did 

then  and  there  receive  from  one certain 

in  pawn,  and  did  then  and  there  advance  to  said as 

a  loan,  with  said as  security  for  said 

loan,  the  sum  of Dollars ;  and  did 

then  and  there  (here  insert  "take"  or  "collect"  or  "receive") 

as  compensation  for  said  loan,  the  sum  of 

Dollars,  which  said  sum  of 

Dollars  was  then  and  there  in  excess  of  the  charges  allowed  in 
said  act  of  the  General  Assembly  aforesaid, 

An  act  for  the  protection  of  Chautauqua  associations,  for  the 
appointment  by  them  of  special  police  officers  and  to  fix  penal- 
ties for  the  violation  of  the  rules  of  such  associations.  Approved 
May  15,  1903.     In  force  July  1,  1903.     Laws  of  1903,  p.  157. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  202- 
3,  p.  551,  Hurd's  R.  S.  of  1905,  Chapter  32. 


302  PRACTICE  IN   THE   MUNICIPAL   COURT. 

FORM  OP  COMPLAINT. 

did  then  and  there  enter  upon  the  grounds  of 

Chautauqua  Association  in  said  County,  while  said  Association 
was  then  and  there  holding  its  annual  assembly,  without  having 
then  and  there  purchased  and  surrendered  a  ticket  of  admission 

to  said  grounds,  with  intent  on  the  part  of  the  said 

to  then  and  there  defraud  the  said  assembly, 

COUNTIES. 

The  statutory  provisions  now  in  force  on  this  subject  are  con- 
tained in  the  following  acts: 

An  Act  to  revise  the  law  in  relation  to  counties.  Approved 
and  in  force  March  31,  1874.     R.  S.  of  1874,  p.  302. 

The  penal  provisions  of  this  act  are  found  in  paragraph  41, 
p.  566,  Kurd's  R.  S.  of  1905,  Chapter  34. 

(forms  of  INFORMATION  OMITTED.) 

An  act  to  provide  for  the  removal  of  county  seats.  Approved 
March  15,  1872.     In  force  July  1,  1872.     Laws  of  1871-2,  p.  309. 

The  penal  provisions  of  this  act  are  found  in  paragraph  106, 
p.  587,  Kurd's  R.  S.  of  1905,  Chapter  34. 

(forms  op  INFORMATION  OMITTED.) 

An  act  to  create  and  establish  boards  of  health  in  counties 
not  under  township  organization  and  in  townships  in  counties 
under  township  organizations  outside  of  the  corporate  limits 
of  incorporated  cities  and  villages,  to  prescribe  their  duties  and 
powers  and  provide  for  enforcing  the  same.  Approved  May  10, 
1901.     In  force  July  1,  1901.     Laws  of  1901,  p.  91. 

The  penal  provisions  of  this  act  are  found  in  paragraph  118, 
p.  590,  Kurd's  R.  S.  of  1905,  Chapter  34. 

(forms  of  information  omitted.) 

COUNTY  TREASURER. 

The  statutory  provisions  now  in  force  on  this  subject  are  con- 
tained in  the  following  act: 

An  act  to  revise  the  law  in  relation  to  county  treasurer.    Ap- 


'  STATUTORY    MISDEMEANORS.  303 

proved  February  25,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  323. 

The  penal  provisions  of  this  act  are  contained  in  paragraph 
16,  p.  594,  Kurd's  R.  S.  of  1905,  Chapter  36. 

(forms  op  information  omitted.) 

CRUELTY  TO  ANIMALS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provisions  in  question  are  found  in  paragraphs  50, 
51  and  52,  p.  681  of  Kurd's  R.  S.  of  1905,  Chapter  38. 

forms  of  complaint. 
1.    overloading,  cruelly  working,  etc.    page  681,  par.  50. 

(1.) 

then  and  there  had  the  custody  and  control  of  a  certain  animal, 

to-wit : ,  and  was  then  and  there  guilty 

of  cruelty  to  said by  (here  insert  "overload- 
ing said "  or  "  overdriving  said " 

or  "overworking  said "  or  "cruelly  beating 

said "  or  "  torturing  said " 

or  "tormenting  said "  or  "mutilating  said 

"  or  "  cruelly  killing  said "  or 

"causing  said to  be  overloaded"  or  "causing  said. . 

to  be  overdriven"  or  "causing  said 

to  be  overworked"  or  "causing  said to  be  cru- 
elly beaten"  or  "causing  said to  be  tor- 
tured" or  "causing  said .to  be  tormented" 

or  "causing  said to  be  mutilated"  or 

' '  causing  said ' to  be  cruelly  killed ' '  or 

"by  knowingly  allowing  said to  be  over- 
loaded" or  "by  knowingly  allowing  said 

to  be  overdriven "  or  "by  knowingly  allowing  said 

to  be  overworked"  or  "by  knowingly  allowing  said 

to  be  cruelly  beaten "  or  "  by  knowingly  allowing  said 


304  PRACTICE   IN   THE   MUNICIPAL   COURT. 

to  be  cruelly  tortured"  or  "by  knowingly  allowing 

said to  be  tormented"  or  "by  knowingly 

allowing  said to  be  mutilated"  or  "by  know- 
ingly allowing  said to  be  cruelly  killed"), 

(2.) 
then  and  there  had  control  and  custody  of  a  certain  (here  insert 
"old"   or  "maimed"  or  "iafirm"  or  "sick"  or  "disabled") 

animal,  to-wit :  a ,  and  was  then  and  there 

guilty  of  cruelty  to  said by  (here  insert 

"cruelly  working"  or  "causing  to  be  cruelly  worked"  or  "know- 
ingly allowing  to  be  cruelly  worked ' ' )  said , 

(3.) 
then  and  there  had  (here  insert  "charge"  or  "custody")  of  a 

certain  animal,  to-wit :  a ,  and  was  then  and  there 

guilty  of  cruelty  to  said by  unnecessarily 

failing  to  provide  said with  proper  food, 

drink  and  shelter^ 

(4.) 
then  and  there  had  custody  and  control  of  a  certain  (here  insert 
"old"  or  "maimed"  or  "infirm"  or  "sick"  or  "disabled") 

animal,  to-wit : ,  and  was  then  and  there 

guilty  of  cruelty  to  said by  abandoning  the 

said , 

(5.) 
did  then  and  there  have  the  custody  and  control  of  a  certain 

anirnal,  to-wit: and  was  then  and  there 

guilty  of  cruelty  to  said by  (here  insert 

"carrying"  or  "driving"  or  "causing  to  be  carried"  or  "caus- 
ing to  be  driven"  or  "causing  to  be  kept")  said 

in  an  unnecessarily  cruel  manner, 

2.      BY  RAILROAD   CARRIERS.      PAGE  281,  FAB.   51. 

and  was  then  and  there  a  (here  insert  "railroad  company"  or 
"common  carrier")  and  was  then  and  there  (here  insert  "carry- 
ing"  or   "transporting")     certain     (here    insert   "cattle"   or 

"sheep"  or  "swine"  or  " ")  and  did  then  and 

there  allow  the  same  to  be  confined  in  one  certain  car  more  than 
twenty-eight  consecutive  hours  without  unloading  said 


STATUTORY   MISDEMEANORS.  305 

for  rest,  water  and  food  for  at  least  five  cbnsecutive  hours,  the 

said not  having  been  delayed  by  storm  or 

accident, 

3.      BULLBAITING,    COCKFIGHTING,    ETC.      PAGE    681,    PAR.    2. 

(1.) 

did  then  and  there  (here  insert  "keep"  or  "use"  or  "was  con- 
nected with"  or  "was  interested  in  the  management  of"  or 
"did  receive  money  for  the  admission  of  divers  persons  to")  a 

certain  place,  to-wit : ,  which  was  then  and 

there  used  for  the  purpose  of  (here  insert  "fighting"  or  "bait- 
ing") (here  insert  "bulls"  or  "bears"  or  "dogs"  or  "cocks" 
■or" "), 

(2.) 
did  then  and  there  (here  insert  "engage"  or  "encourage"  or 
"assist")  in  the  baiting  of  a  (here  insert  "bull"  or  "bear"  or 
"dog"  or  "cock"  or  " "), 

(3.) 
was  then  and  there  (here  insert  "the  owner  of "  or  "had  charge, 

custody  and  control  of")  certain  premises  known  as 

and  did  then  and  there  permit  said  premises  to  be  (here  insert 
"kept"  or  "used")  for  the  purpose  of  baiting  (here  insert 
"bulls"  or  "bears"  or  "dogs"  or  "cocks"  or  " "), 

(4.) 

did  then  and  there  visit  certain  premises  known  as 

which  said  premises  were  then  and  there  (here  insert 

"kept"  or  "used")  for  the  purpose  of  baiting  (here  insert 
"bulls"  or  "bears"  or  "dogs"  or  "cocks"  or  " "), 

DEADLY  WEAPONS. 

The  statutory  provisions  now  in  force  on  this  subject  are  given 
in  full  in  Chapter  38  of  Kurd's  R.  S.  of  1905^  pp.  682-3.  They 
are  contained  in  the  following  act : 

An  act  to  regulate  the  traffic  in  deadly  weapons  and  to  pre- 
vent the  sale  of  them  to  minors.  Approved  April  16,  1881.  In 
force  July  1,  1881.     Laws  of  1881,  p.  7. 

The  penal  provisions  of  the  act  are  contained  in  paragraphs 
54a  to  54g,  pp.  682-683,  Kurd's  R.  S.  of  1905. 

20 


306  PRACTICE  IN  THE  MUNICIPAL   COURT. 

FORMS   OF   COMPLAINT. 
1.      HAVING   IN   POSSESSION  OR  SELLING.      PAGE  682,  PAR.   54a. 

(1.) 

did  then  and  there  have  in  his  possession  a  certain  (here  insert 

"slung-shot"  or  "metallic  knuckles"  or  " ") 

which  said was  then  and  there  a  deadly  weapon, 

(2.) 
did  then  and  there  (here  insert  ''sell"  or  "give"  or  "loan"  or 
"hire"  or  "barter"  or  "offer  to  sell"  or  "offer  to  give"  or 

"offer  to  loan"  or  "offer  to  hire"  or  "offer  to  barter")  to 

,  who  was  then  and  there  within  the  State 

of    Illinois,    a    certain  (here    insert  "slung-shot"  or  "metallic 

knuckles"  or  " ")  which  said 

was  then  and  there  a  deadly  weapon. 

2.      SELLING    OR   GIVING   TO    MINOR.      PAGE    682,    PAR,    54b. 

was  then  and  there  not  the  father,  guardian  or  employe  of 

who  was  then  and  there  a  minor,  and  did 

then  and  there  (here  insert  "sell"  or  "give"  or  "loan"  or 
"hire"  or  "barter"  or  "otter  to  sell"  or  "offer  to  give"  or 
"offer  to  loan"  or  "offer  to  hire"  or  "offer  to  barter")  to  said 

within  the  City  of  Chicago,  a  certain 

(here  insert  "pistol"  or  "revolver"  or  "derringer"  or  "Bowie 

knife"  or  "dirk"  or  " ")  which  said 

was  then  and  there  a  deadly  weapon  and  was  then  and  there 
capable  of  being  secreted  on  the  person, 

3.       Cx\RRYING    CONCEALED    WEAPONS.      PAGE    683,    PAR.    64d. 

(1.) 

did  then  and  there  carry  a  certain  concealed  weapon,  to-wit: 

the  same  being  then  and  there  a  deadly 

weapon,  upon  and  about  the  person  of  him,  the  said 


(2.) 
,did  then  and  there  in  a  (here  insert  "threatening"  or  "boister- 
ous") manner  (here  insert  "display"  or  "flourish")  a  certain 
, ,  which  was  then  and  there  a  deadly  weapon. 


STATUTORY    MISDEMEANORS.  307 


DISORDERLY  CONDUCT. 

The  statutory  provisions  on  this  subject  are  given  in  full  in 
Chapter  38  of  Kurd's  R.  S.  of  1905,  pp.  685-686.  They  are 
contained  in  the  following  act: 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  55 
to  61,  pp.  685-686,  Kurd's  R.  S.  of  1905. 

FORMS  OF  COMPLAINT. 

1.  DISORDERLY    CONDUCT.      PAGE    685,    PAR.    55. 

was  then  and  there  guilty  of  (here  insert  "open  lewdness"  or 
''disorderly  conduct"  or  whatever  notorious  act  of  public  in- 
decency was  committed)  which  said  act  was  then  and  there  a 
notorious  act  of  public  indecency,  then  and  there  tending  to  de- 
bauch public  morals, 

2.  DISTURBING  THE  PEACE.      PAGE  685,  PAR.  56. 

(1.) 

did  then  and  there  disturb  the  peace  and  quiet  of  the  neighbor- 
hood around  the  premises  known  as by  then 

and  there  (here  insert  "making  loud  noises"  or  "making  un- 
usual noises"  or  "by  tumultuous  carriage"  or  "by  offensive 
carriage"  or  "by  threatening"  or  "by  traducing"  or  "by  quar- 
reling" or  "by  challenging  to  fight"  or  "by  fighting"), 

(2.) 
did  then  and  there  carry  a  certain  concealed  weapon,  to-wit: 


(3.) 
did  then  and  there  in  a  threatening  manner  display  a  certain 
(here  insert  "pistol"  or  "knife"  or  "slung-shot"  or  "brass 

knuckles"  or  "steel  knuckles"  or  "iron  knuckles"  or  " 

"),  the  same  being  then  and  there  a  deadly 

weapon, 


308  PRACTICE   IN  THE   MUNICIPAL   COURT. 

3.      KEEPING  DISORDERLY  HOUSE.      PAGE  685,  PAR.  57. 
(1.) 

did  theu  and  there  (here  insert  "keep"  or  "maintain")  a  (here 
insert  "house  of  ill-fame"  or  "place  for  the  practice  of  prosti- 
tution" or  "place  for  the  practice  of  lewdness")  at  premises 
known  as Street,  in  said  city  of  Chicago, 

(2.) 
did  theu  and  there  patronize  a  certain  (here  insert  "house"  or 

"place")  to-wit:  the  premises  known  as in 

the  city  of  Chicago,  which  said  (here  insert  "house"  or 
"place")  was  then  and  there  kept  for  the  practice  of  (here  in- 
sert "prostitution"  or  "lewdness"), 

(3.) 
did  then  and  there  let  a  certain  (here  insert  "house"  or  "room" 

or  " " )  to-wit,  the  premises  known  as 

in  said  city  of  Chicago,  for  the  purpose  of  (here  in- 
sert "prostitution"  or  "lewdness"), 

(4.) 
did  then  and  there  keep  a  common,  ill-governed  and  disorderly 
house,  to  the  encouragement  of  idleness,  gaming,  drinking  and 
fornication, 

(5.) 

did  then  and  there  lease  to  one a  certain 

(here  insert  "house,"  or  "room"  or  " ")  to-wit,  the 

premises  known  as in  said  city  of  Chicago, 

(here  insert  "in  whole"  or  "in  part")  for  the  purpose  of  (here 
insert  "prostitution"  or  "lewdness"), 

4.      DISTURBING    RELIGIOUS    MEETINGS.      PAGE    686,    PAR.    58. 

did  then  and  there  by  (here  insert  "menace"  or  "profane 
swearing"  or  "vulgar  language"  or  "disorderly  conduct"  or 
"unusual  conduct")   (here  insert  "interrupt"  or  "disturb")  a 

certain  assembly  of  people  then  and  there  met  at 

for  the  woi'ship  of  God, 


STATUTORY    MISDEMEANORS.  309 

(1.) 
5.      DISTURBING   SCHOOL.      PAGE    686,   PAR.    60. 

did  then  and  there  wilfully  internipt  a  certain  school  then  and 
there  met  for  a  lawful  purpose  known  as  (here  give  name  of 
school), 

6.      DISTURBING    FUNERAL.      PAGE    686,    PAR.    61. 

did  then  and  there  wilfully  (here  insert  "interrupt"  or  "dis- 
turb") a  certain  (here  insert  "funeral  assembly"  or  "funeral 
procession"), 

DIVORCE. 

The  statutory  provisions  on  this  subject  are  given  in  Chapter 
40  of  Kurd's  R.  S.  of  1905,  pp.  767-768.  They  are  contained 
in  the  following  act: 

An  act  to  punish  the  offence  of  advertising  for  divorces.  Ap- 
proved April  12,  1877.  In  force  July  1,  1877.  Laws  of  1877, 
p.  95. 

The  penal  provisions  of  this  act  are  found  in  paragraph  21, 
p.  767,  Kurd's  R.  S.  of  1905. 

(forms  OF  INFORMATION  OMITTED.) 

DRAINAGE. 

The  statutory  provisions  on  this  subject  are  given  in  Chapter 
42  of  Kurd's  R.  S.  of  1905,  pp.  773-838.  They  are  contained  in 
the  following  acts : 

An  act  to  provide  for  the  construction,  reparation  and  pro- 
tection of  drains,  ditches,  levees,  across  the  lands  of  others  for 
agricultural,  sanitary  and  mining  purposes,  and  to  provide  for 
the  organization  of  drainage  districts.  Approved  and  in  force 
May  29,  1879.     Laws  of  1879,  p.  120. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1885, 
p.  108. 

The  penal  provisions  of  these  acts  are  found  in  paragraph  50, 
p.  791,  and  paragraph  66,  p.  797,  Kurd's  R.  S.  of  1905. 

(forms   of   INFORMATION    OMITTED.) 

An  act  to  provide  for  drainage  for  agricultural  and  sanitary 
purposes  and  to  repeal  certain  acts  therein  named.  Approved 
June  27,  1885.     In  force  July  1,  1885.     Laws  of  1885,  p.  77. 


310  PRACTICE  IN   THE   MUNICIPAL    COURT. 

The  penal  provisions  of  this  aet  are  contained  in  paragraph 
84,  p.  801,  parajjraph  118,  p.  809,  paragraphs  119-121,  p.  813, 
PIurd'sR.  S.  of  1905. 

(FORMS   OF    INFORMATION    OMITTED.) 

DRAMSHOPS. 

The  statutory  provisions  on  this  subject  are  given  in  Cliapter 
43  of  Hurd's  R.  S.  of  1905,  p.  838.  They  are  contained  in  the 
following  acts: 

An  aet  to  provide  for  the  licensing  of  and  airainst  the  evils 
arising  from  the  sale  of  intoxicating  liquors.  Approved  March 
;50,  1874.     In  force  July  1,  1874.     R.  S.  of  1874. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1877, 
]).  99 ;  Laws  of  1891,  p.  105. 

The  penal  provisions  of  these  acts  arc  found  in  paragraphs  1, 
2,  6,  6i/o,  7,  12,  13,  14  and  15,  pp.  838-842,  Hurd's  R.  S.  of  1905. 

FORMS  OF  INFORMATION. 
1.      SELLING   LIQUOR   VHTHOUT   LICENSE.      PAGE  838,   PAR.    2. 

(1.) 

did  not  then  and  there  have  a  license  to  keep  a  dram   shop, 

and  did  then  and  there  sell which  was  then 

and  there  intoxicating  liquor,  in  a  quantity  of 

a  quantity  then  and  there  less  than  one  gallon, 

(2.) 
did  not  then  and  there  have  a  license  to  keep  a  dram  shop, 
and  was  then  and  there  the  keeper  of  certain  premises,  to- wit: 

and  did  then  and  there  sell 

which  was  then  and  there  intoxicating  liquor,  which  said 

was  then  and  there  to  be  drank  upon  said  premises, 

(3.) 
did   not  then   and  there  have  a  license  to  keep  a  dram   shop, 
and  was  then  and  there  the  keeper  of  certain  premises,  to-wit: 

and  did  then  and  there  sell 

which  was  then  and  there  intoxicating  liquor,  which  said 

was  to  be  drank  in   (here  insert  "an  adjacent  room 

to  said  premises''  or  "in  an  adjacent  building  to  said  prem- 


STATUTORY    MISDEMEANORS.  cJll 

ises"  or  "in  an  adjacent  yard  to  said  premises"  or  "in  an  adja- 
cent premises  to  said  premises"  or  "in  a  place  of  public  re- 
sort"), 

2.  SELLING    OTHER     LIQUORS    HAVING    LICENSE     ONLY     FOR    MALT 

LIQUORS.      PAGE  839,  PAR.  3b. 

(1.) 

then  and  there  had  a  license  to  sell  malt  liquors  only,  and  did 
not  then  and  there  have  a  license  to  sell  any  intoxicating  liquors 
other  than  malt  liquors;  and  did  then  and  there   (here  insert 

* '  sell "  or  "  give  away  " ) which  was  then  and 

there  an  intoxicating  liquor,  other  than  malt  liquor,  in  a  quantity 

of quarts,  which  said  quantity  was  a  quantity 

less  than  one  gallon, 

(2.) 
then  and  there  had  control  and  custody  of  premises  known  as 

and  then  and  there  had  a  license  to  sell  malt 

liquors  only,  and  did  not  have  a  license  to  sell  any  intoxicating 
liquors  other  than  malt  liquors,  and  did  then  and  there  (here 

insert  "sell"  or  "give  away")  certain which  was 

then  and  there  intoxicating  liquor  other  than  malt  liquor,  to  be 
drank  upon  (here  insert  "said  premises"  or  "in  a  room  adja- 
cent to  said  premises"  or  "in  a  building  adjacent  to  said  prem- 
ises" or  "in  a  yard  adjacent  to  said  premises"  or  "in  a  place 
of  public  resort  adjacent  to  said  premises"), 

3.  SELLING    OR    GIVING    TO    A    MINOR    OR    DRUNKARD.      PAGE    840, 

PAR,  6. 

(1.) 

did  then  and  there  (here  insert  "sell"  or  "give")  to  one 

who  was  then  and  there  a  minor  certain 

which  was  then  and  there  intoxicating  liquor,  without  the  writ- 
ten order  of  the  (here  insert  "parent"  or  "guardian"  or  "fam- 
ily physician")   of  him  the  said.  . , 

(2.) 

did  then  and  there  (here  insert  "sell"  or  "give")  to  one 

who  was  then  and  there  intoxicated,  certain 

which  was  then  and  there  intoxicating  liquor, 


312  PRACTICE  IN  THE  MUNICIPAL  COURT. 

(3.) 

did  then  and  there  (here  insert  "sell"  or  "give")  to  one 

who  was  then  and  there  in  the  habit  of  getting  in- 
toxicated certain which  was  then  and  there 

intoxicating  liquor, 

4.   BUYING  OR  PROCURING  FOR  A  MINOR.   PAGE  840,  PAR.  G^/^, 

(1.) 

did  then  and  there  (here  insert  "buy"  or  "procure"  or  "aid 
in  procuring")  certain  (here  insert  "wine"  or  "rum"  or 
"brandy"  or  "gin"  or  "whisky"  or  "lager  beer"  or  "hard 

cider "  or  "  alcohol "  or  " " )  which  was  then  and 

there  (here  insert  "vinous"  or  "malt"  or  "spirituous"  or  "fer- 
mented" or  "mixed"  or  "intoxicating")  liquor  for  one 

who  was  then  and  there  a  minor,  with- 
out the  written  order  of  the  parent,  guardian  or  family  physi- 
cian of  him  the  said  (here  insert  name  of  minor), 

(2.) 
did  then  and  there  (here  insert  "procure"  or  "aid  in  procur- 
ing") certain  (here  insert  "wine"  or  "rum"  or  "brandy"  or 
"gin"  or  "whisky"  or  "lager  beer"  or  "hard  cider"  or  "alco- 
hol" or  "... ")  for (here 

insert  "who  was  then  and  there  intoxicated"  or  "who  was  then 
and  there  in  the  habit  of  getting  intoxicated"), 

An  act  to  restrict  the  powers  of  counties,  cities,  towns  and  vil- 
lages in  licensing  dramshops,  to  provide  for  granting  a  license 
to  retail  malt  liquors  separately,  and  for  punishing  persons  hold- 
ing such  separate  license  for  unlawful  sale  and  gifts.  Approved 
June  16.  1883.     In  force  July  1,  1883.     Laws  of  1883,  p.  92. 

The  penal  provisions  of  these  aets  are  found  in  paragraph  Sb, 
p.  839,  Hurd's  R.  S.  of  1905. 

(forms   OF   INFORMATION    OMITTED.) 

An  act  to  regulate  the  sale  of  intoxicating  liquors  outside  the 
incorporated  limits  of  cities,  towns  and  villages.  Approved  May 
4.  1887.     In  force  July  1,  1887.     Laws  of  1887,  p.  194. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  16- 
20,  p.  842,  Hurd's  R.  S.  of  1905. 

(FORMS    OF   INFORMATION    OMITTED.) 


STATUTORY    MISDEMEANORS.  313 

An  act  prohibiting  the  sale,  distribution  or  gift  of  intoxicat- 
ing liquors  near  national  homes  for  disabled  volunteer  soldiers. 
Approved  May  10,  1901.  In  force  July  1,  1901.  Laws  of  1901, 
p.  165. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  21 
and  22,  pp.  842-843,  Kurd's  R.  S.  of  1905. 

FORMS  OF  INFORMATION. 

did  then  and  there  (here  insert  "sell"  or  "distribute"  or  "give 

away") which  said was 

then  and  there  intoxicating  liquor,  within  one  and  one-eighth 
miles  of  the  boundary  of  certain  lands,  to-wit:  (here  describe 
the  lands)  which  said  lands  were  then  and  there  used  as  a  home 
by  the  National  Home  for  disabled  volunteer  soldiers  of  the  State 
of  Illinois, 

An  act  to  provide  for  the  granting  of  licenses  for  the  sale  of 
spirituous  or  vinous  liquors  and  providing  a  penalty  for  a  vio- 
lation thereof.  Approved  May  15,  1903.  In  force  July  1,  1903. 
Laws  of  1903,  p.  16. 

The  penal  provisions  of  this  act  are  contained  in  paragraph 
23,  p.  843  of  Kurd's  R.  S-  of  1905. 

(forms   OF    INFORMATION    OMITTED.) 

DROVERS. 

The  statutory  provisions  on  this  subject  are  given  in  Chapter 
44  of  Kurd's  R.  S.  of  1905,  p.  665.  They  are  contained  in  the 
following  act : 

An  act  concerning  drovers.  Approved  March  15,  1872.  In 
force  July  1,  1872.     Laws  of  1871-2,  p.  367. 

The  penal  provisions  of  this  act  are  found  in  paragraph  5, 
p.  844,  Kurd's  R.  S.  of  1905. 

form  OF  INFORMATION. 

did  then  and  there  (here  insert  "ride"  or  "drive")  faster  than 
a  walk  (here  insert  "into"  or  "through")  a  herd  of  (here  in- 
sert "horses"  or  " ")  which  said 

were  then  and  there  being  (here  insert  "herded"  or  "driven"), 


314  PRACTICE    IN   THE   MUNICIPAL   COURT. 

DRUGS. 

Tlie  statutory  provisions  on  this  subject  are  given  in  Chapter 
38  of  Kurd's  R.  S.  of  1905,  p.  687.  They  are  contained  in  the 
following-  act : 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provisions  in  question  are  found  in  paragraphs  62- 
63,  p.  687,  Kurd's  R.  S.  of  1905. 

FORMS  OF  COMPLAINT. 

1.  SELLING  POISONOUS  DRUGS  WITHOUT  LABEL.    PAGE  687,  PAR.  62. 

(1.) 

did  then  and  there  sell  and  deliver  to  one certain 

(here  insert  "arsenic"  or  "strychnine"  or  "corrosive  subli- 
mate" or  "prussic  acid"  or  " a  substance  usually 

denominated  as  poisonous "  or  " a  liquid  usually 

denominated  as  poisonous")  without  then  and  there  having  the 
word  "poison"  written  or  printed  upon  a  label  attached  to  the 

(here  insert  "vial"  or  "parcel")  in  which  said 

was  then  and  there  contained, 

(2.) 

did  then  and  there  sell  and  deliver  to  one 

certain which  was  then  and  there  a  (here  in- 
sert "drug"  or  "medicine")  without  having  the  prescription  of 
a  physician  therefor,  and  without  having  the  nanie  of  said 
(here  insert  "drug"  or  "medicine")  (here  insert  "printed"  (u- 
"written")  upon  a  label  attached  to  the  (here  insert  "vial"  or 
"parcel")  then  and  there  containing  said , 

2.  SELLING   POISONS   WITHOUT   PRESCRIPTION.      PAGE   687,   PAR.    68. 

did  then  and  there  (here  insert  "sell"  or  "give  away")  to  one 

certain    (here  insert  "arsenic"  or 

"strychnine"  or  "corrosive  sublimate"  or  "prussic  acid"   or 

" being  a  substance  usually  denominated  as 

poisonous,"  or  " being  a  liquid  usually 


STATUTORY    MISDEMEANORS.  Slo 

denominated  as  poisonous")  without  the  writteu  prescription  of  a 
physician,  and  did  then  and  there  fail  to  keep  a  record  of  the 
date  of  such  (here  insert  "sale"  or  "gift")  and  did  then  and 
there  fail  to  keep  a  record  of  the  said  (here  insert  "arsenic"  or 
"strychnine"  or  "corrosive  sublimate"  or  "prussic  acid") 
then  and  there  (here  insert  "sold"  or  "given  away")  and  the 
amount  of  said  (here  insert  "arsenic"  or  "strychnine"  or  "cor- 
rosive sublimate"  or  "prussic  acid")  then  and  there  (here  insert 
"sold"  or  "given  away")  and  did  then  and  there  fail  to  keep  a 
record  of  the  person  to  whom  said  (here  insert  "arsenic"  or 
"strychnine"  or  "corrosive  sublimate"  or  "prussic  acid")  was 
then  and  there  delivered, 

DRUNKENNESS. 

The  statutory  provisions  on  this  subject  are  given  in  Chapter 
38  of  Kurd's  R.  S.  of  1905,  p.  687.  They  are  contained  in  the 
following  act : 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provision  in  question  is  found  in  paragraph  64, 
p.  687,  Kurd's  R.  S.  of  1905. 

FORM   OF   COMPLAINT. 

(1.) 

was  then  and  there  intoxicated,  and  was  then  and  there  found 
in  a  certain  (here  insert  "street"  or  "highway"  or  "public 
place")  to-wit: , 

(2.) 
was  then  and  thiM-e  intoxicated  and  was  then  and  there  found 

at and  was  then  and  there  when  so 

found  disturbing  the  peace  of  the  public, 

(3.) 
was  then  and  there  intoxicated  and  was  then  and  there  found 

at ,  and  when  so  found^  as  aforesaid, 

was  then  and  there  disturbing  the  peace  of  the  family  of  him, 
the  said in  a  certain  private  (here  in- 


316  PRACTICE   IN   THE    MUNICIP.VL   COURT. 

sert  ''building"  or  "place")  to-wit:  (here  describe  the  building 
or  place), 

(4.) 
was  then  and  there  intoxicated  and  was  then  and  there  found 

at ,  and  when  so  found,  as  aforesaid, 

he  the  said was  then  and  there  found 

disturbiui>-  the  peace  of  a  certain  family,  to-wit:  the  family  of 

one in  a  certain  private  (here  insert 

"buildinii:"  or  "place"),  to-wit: (here 

describe  the  building  or  place), 

DUELING. 

The  statutory  provisions  on  this  subject  are  given  in  Chapter 
30  of  Hurd's  R.  S.  of  1905,  p.  67.  They  are  contained  in  the 
following  act : 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provision  in  question  is  found  in  paragraphs  72-3, 
p.  688,  Hurd's  R.  S.  of  1905. 

FORMS  OF  INFORMATION. 
1.      OFFICER   FAILING   TO   PREVENT    DUEL.      PAGE    688,   PAR.    72. 

was  then  and  there  a  (here  insert  "judge  of  the 

court  of  county,  Illinois,"  or  "justice  of  the 

peace  of  the  county  of Illinois,"  or  "sheriff 

of  the  county  of Illinois,"  or  " ") 

who  was  then  and  there  bound  to  preserve  the  public  peace,  and 

he  the  said did  then  and  there  have  knowledge 

of  an  intention  on  the  part  of  one and 

one to  fight  with   certain  deadly 

weapons,  and  he,  the  said did  not  then 

and  there  use  and  exert  his  official  authority  to  arrest  the  said 

and  the  said r 

and  then  and  thereby  prevent  a  duel  between  the  said 

and  the  said , 


STATUTORY   MISDEMEANORS.  317 

2.      PUBLISHING    AS    A    COWARD     A    PERSON    REFUSING     TO    ACCEPT 
CHALLENGE  TO  DUEL.      PAGE  688,  PAR.  73. 

(1.) 

did  then  and  there  in  a  certain  (here  insert  "newspaper"  or 
"written  hand  bill"  or  "printed  hand  bill")  (here  insert  "pub- 
lish" or  "proclaim")  one  as  a  coward  for 

not  accepting  a  challenge  to  fight  a  duel, 

•      (2.) 
did  then  and  there  in  a  certain   (here  insert  "newspaper"  or 
"written  hand  bill"  or  "printed  hand  bill")  (here  insert  "pub- 
lish" or  "proclaim")  one as  a  coward  for 

not  fighting  a  duel, 

(3.) 
did  then  and  there  in  a  certain   (here  insert  "newspaper"  or 
"written  hand  bill"  or  "printed  hand  bill")   use  certain  op- 
probrious and  abusive  language,  to- wit,   (here  insert  language 

used)  concerning  one for  not  accepting 

a  challenge  to  fight  a  duel, 

(4.) 
did  then  and  there  in  a  certain  (here  insert  "newspaper"  or 
"written  hand  bill"  or  "printed  hand  bill")   use  certain  op- 
probrious and  abusive  language,  to-wit,    (here  insert  language 

used)  concerning  one for  not 

fighting  a  duel, 

ELECTIONS. 

The  statutory  provisions  on  this  subject  are  given  in  Chapter 
46  of  Kurd's  R.  S.  of  1905,  pp.  852-973,  and  in  the  Laws  of  1906, 
p.  8.     They  are  contained  in  the  following  acts : 

An  act  in  regard  to  elections  and  to  provide  for  filling  vacan- 
cies in  election  offices.  Approved  April  3,  1872.  In  force  July 
1,  1872.    Laws  of  1871-2,  p.  380. 

Acts  amendatory  of  the  foregoing  act.  See  Laws  of  1874,  R. 
S.  1874,  pp.  467-8;  Laws  of  1877,  p.  100;  Laws  of  1881,  p.  94; 
Laws  of  1885,  p.  138;  Laws  of  1887,  p.  173;  Laws  of  1895,  p. 
173;  Laws  of  1897,  p.  216;  Laws  of  1899,  p.  208;  Laws  of  1903, 
p.  172 ;  Laws  of  1905,  p.  202. 


318  PRACTICE   IN    THE   MUNICIPAL    CUUKT. 

An  act  to  prevent  illegal  voting  by  paupers  and  others  in  this 
State.  Approved  May  25,  1877.  In  force  July  1.  1877.  Laws 
of  1877,  p.  144. 

The  penal  provisions  of  these  acts  are  found  iu  paragraphs 
79,  and  81-931/2,  pp.  869-871  of  Kurd's  R.  S.  of  1905. 

(forms  op  information  omitted.) 

An  act  for  the  registry  of  electors  and  to  prevent  fraudulent 
voting.  Approved  and  in  force  February  15,  1865.  Laws  of 
1865,  p.  54. 

Acts  amendatory  of  the  foregoing  acts.  See  R.  S.  1874,  pp. 
452-471 ;  Laws  of  1879,  p.  160. 

The  penal  provisions  of  these  acts  are  found  in  paragraph 
142,  pp.  877-8  of  Kurd's  R.  S.  of  1905. 

(forms  of  information  omitted.) 

An  act  to  amend  an  act  entitled  "An  act  regulating  the  hold- 
ing of  elections  and  declaring  the  result  thereof  in  cities,  vil- 
lages, and  incorporated  towns,  in  this  State, ' '  approved  June  19, 
1885,  in  force  July  1,  1885,  as  amended  by  an  act  approved  June 
18,  1891,  in  force  July  1,  1891.  Approved  April  24,  1899.  In 
force  July  1,  1899.     Laws  of  1899,  p.  157. 

Acts  amendatory  of  the  foregoing  act.  See  Laws  of  1901.  pp. 
169,  170,  204-6 ;  Laws  of  1903,  pp.  166-171. 

The  penal  provisions  of  these  acts  are  found  in  paragraphs 
179,  p.  891,  paragraphs  193  and  194,  pp.  895-6,  paragraphs  201- 
202,  pp.  901-2,  paragraph  226,  p.  909,  paragraph  228,  p.  910, 
paragraph  231,  p.  911,  paragraphs  255-258,  pp.  918-9,  para- 
graph 261,  p.  920.  paragraphs  268-270,  pp.  921-2,  paragraphs 
272-278,  pp.  923-4,  Kurd's  R.  S.  of  1905. 

(forms  of  information  omitted.) 

An  act  to  provide  for  the  printing  and  distribution  of  ballots 
at  public  expense  and  for  the  nomination  of  candidates  for  pub- 
lic offices,  to  regulate  the  manner  of  holding  elections  and  to 
enforce  the  secrecy  of  the  ballot.  Approved  June  22,  1891.  In 
force  July  1,  1891.     Laws  of  1891,  p.  108. 

Acts  amendatory  of  the  foregoing  act.     See   Laws  of  1893, 


STATUTORY    MISDEMEANORS.  319 

p.  97 ;  Laws  of  1897,  p.  212 ;  Laws  of  1898,  p ;  Laws  of 

1899,  p.  151;  Laws  of  1903,  p.  174;  Laws  of  1905;  pp.  206-10. 
The  penal  provisions  of  these  acts  are  found  in  paragraph 
312,  p.  934,  and  paragraphs  315-317,  pp.  935-6,  Kurd's  R.  S.  of 
1905. 

(forms  of  information  omitted.) 

An  act  to  regulate  the  holding  of  elections  and  declaring  the 
result  thereof  for  town,  school  township  and  school  district  pur- 
poses, where  such  towTi,  school  township  or  school  district  lies 
wholly  within  or  partly  within  and  partly  without  any  city,  vil- 
lage, or  incorporated  town  which  has  adopted  or  may  adopt  an 
act  entitled  "An  act  regulating  the  holding  of  elections  and  de- 
claring the  result  thereof  in  cities,  villages  and  incorporated 
towns  in  this  State,"  approved  June  19,  1885,  in  force  July  1, 
1885.  Approved  and  in  force  March  23,  1887.  Law^s  of  1887, 
p.  175. 

The  penal  provisions  of  this  act  are  found  in  paragraph  329, 
pp.  939-40,  Kurd's  R.  S.  of  1905. 

(forms  of  complaint  omitted.) 

An  act  to  regulate  primary  elections  of  voluntary  political 
associations  and  to  punish  frauds  therein.  Approved  June  6, 
1889.     In  force  July  1,  1889.     Laws  of  1889,  p.  140. 

The  penal  provisions  of  this  act  are  found  in  paragraphs 
338-339,  p.  841,  and  paragraphs  341-342,  pp.  942-3,  and  para- 
graph 358,  p.  945,  Kurd's  R.  S.  of  1905. 

(forms  of  information  omitted.) 

An  act  to  prevent  and  punish  illegal  voting  at  primary  elec- 
tions. Approved  June  29,  1885.  In  force  July  1,  1885.  Laws 
of  1885,  p.  187. 

The  penal  provisions  of  this  act  are  found  in  paragraph  361, 
p.  945  of  Kurd's  R.  S.  of  1905. 

(forms  of  information  omitted.) 

An  act  providing  for  primary  elections  of  delegates  to  nomi- 
nating conventions  of  political  parties  or  organizations  and  to 
provide  for  the  purity  thereof.  Approved  April  24,  1899.  In 
force  July  1.  1899.     Laws  of  1899,  p.  211. 


320  PRACTICE  IN  THE  MUNICIPAL  COURT. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1901, 
p.  197. 

The  penal  provisions  of  these  acts  are  found  in  paragraph 
365,  p.  945,  paragraph  367,  p.  946  and  paragraph  377,  p.  948 
of  Kurd's  R.  S.  of  1905. 

(forms    of   information    OMITTED.) 

An  act  to  amend  an  act  entitled  "An  act  providing  for  pri- 
mary elections  of  delegates  to  nominating  conventions  of  politi- 
cal parties  or  organizations  and  to  promote  the  purity  thereof 
by  regulating  the  conduct  thereof  and  to  support  the  privileges 
of  free  suffrage  thereat  by  prohibiting  certain  acts  and  prac- 
tices in  relation  thereto  and  providing  for  the  punishment  there- 
of," approved  and  in  force  February  10,  1898.  Approved  May 
11,  1901.     In  force  July  1,  1901.     Laws  of  1901,  p.  173. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1903, 
p.  177. 

The  penal  provisions  of  these  acts  are  found  in  paragraphs 
404,  407  and  408,  p.  962,  paragraphs  410  and  412-419,  pp.  963-5, 
paragraphs  421-422,  p.  965,  Kurd's  R.  S.  of  1905. 

(forms   OF   INFORMATION    OMITTED.) 

An  act  to  provide  for  the  use  of  voting  machines  at  elections, 
for  casting,  registering,  recording  and  counting  ballots  or  votes, 
Also  creating  a  board  of  voting  machine  commissioners  and 
defining  its  duties.  Approved  May  14,  1903.  In  force  July  1, 
1903.     Laws  of  1903,  p.  178. 

The  penal  provisions  of  this  act  are  found  in  paragraph  448, 
pp.  972-3,  Kurd's  R.  S.  of  1905. 

(forms   of   INFORMATION   OMITTED.) 

An  act  to  provide  for  the  holding  and  regulation  of  primary 
elections  of  delegates  to  nominating  conventions,  for  the  holding 
of  such  conventions,  filling  vacancies  and  fixing  penalties  for  the 
violation  of  the  privileges  thereof.  Approved  May  . .,  1906.  In 
force  July  1,  1906.     Laws  of  1906,  p 

The  penal  provisions  of  this  act  are  found  in  section  61,  p.  . , . 

(forms  of  information  OMITTED.) 


STATUTORY   MISDEMEANORS.  321 


EMBEZZLEMENT. 

The  statutory  provisions  on  this  subject  are  given  in  Chapter 
38  of  Hurd's  R.  S.  of  1905,  pp.  688-90.  They  are  contained  in 
the  following  act : 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1903, 
p.  156. 

The  penal  provisions  of  these  acts  are  found  in  paragraphs 
74-79,  inclusive,  81,  81a  and  82,  pp.  688-90,  Kurd's  R.  S.  of  1905. 

1.      EMBEZZLEMENT  UNDER  PAGE  688,  PAR.   74. 
(1.) 

then  and  there  fraudulently  and  feloniously  did  embezzle  and 
fraudulently  convert  to  his  own  use  a  large  amount  of  personal 
goods,  funds,  money  and  property,  to-wit :  One  United  States  of 
America  treasury  note  of  the  denomination  of  ten  dollars,  of 
the  value  of  ten  dollars ;  one  United  States  of  America  treasury 
note  of  the  denomination  of  five  dollars,  of  the  value  of  five 
dollars;  seven  current  United  States  of  America  treasury  notes 
of  the  denomination  of  two  dollars,  of  the  value  of  two  dollars 
each;  sundry  current  bank  bills,  commonly  called  national  cur- 
rency, issued  by  certain  national  banks,  the  bank  of  issue  being 
to  (here  insert  "said  state's  attorney"  or  "said  informant") 
unknown,  of  divers  denominations,  the  denominations  being  to 
said  (here  insert  "state's  attorney"  or  "informant")  unknown, 
of  the  amount  and  value,  in  all  of  (here  insert  a  number  of 
dollars  not  to  exceed  $15)  dollars;  sundry  current  bank  bills, 
commonly  called  "Greenbacks"  issued  by  the  Treasury  of  the 
United  States  of  America,  of  different  denominations,  the  de- 
nominations being  to  said  (here  insert  "state's  attorney"  or  "in- 
formant") unknown,  of  the  amount  and  value,  in  all  of  (here 
insert  a  number  of  dollars  and  cents  not  exceeding  $15)  dol- 
lars ;  fourteen  pieces  of  silver,  current  coin  of  the  United  States 
of  America,  called  "one  dollar"  of  the  value  of  one  dollar 
21 


322  PUACTICE   IN   THE   ilUNICIP.VL   COURT. 

each;  twenty-nine  pieces  of  silve/,  current  coin  of  the  United 
States  of  America,  caHed  "half  dollars,"  of  the  value  of  fifty 
cents  each ;  fifty -nine  pieces  of  silver,  current  coin  of  the  United 
States  of  America,  called  "quarter,"  of  the  value  of  twenty- 
five  cents  each ;  one  hundred  and  forty-nine  pieces  of  silver,  cur- 
rent coin  of  the  United  States  of  America,  called  "one  dime" 
of  the  value  of  ten  cents  each;  two  hundred  and  ninety-nine 
pieces  of  silver,  current  coin  of  the  United  States  of  America, 
called  "half-dimes"  of  the  value  of  five  cents  each;  two 
hundred  and  ninety-nine  pieces  of  nickel,  current  coin  of  the 
United  States  of  America,  called  "five  cents"  of  the  value  of 
five  cents  each;  one  piece  of  gold,  current  coin  of  the  United 
States  of  America,  called  "ten  dollars,"  of  the  value  of  ten 
dollars ;  two  pieces  of  gold,  current  coin  of  the  United  States  of 
America,  called  "five  dollars,"  of  the  value  of  five  dollars 
each;  five  pieces  of  gold,  current  coin  of  the  United  States  of 
America,  called  "two  dollars  and  fifty  cents,"  of  the  value  of 
two  dollars  and  fifty  cents  each ;  fourteen  pieces  of  gold,  current 
coin  of  the  United  States  of  America,  called  "one  dollar"  of 
the  value  of  one  dollar  each,  the  personal  goods,  funds,  money 

and  property  of Company, 

then  and  there  being  a  corporation,  organized  and  incorporated 
under  and  by  virtue  of  the  laws  of  the  State  of  Illinois,  which 
said  personal  goods,  funds,  money  and  property,  then  and  there 
were  delivered  to  him,  the  saidr ,  where- 
by, and  by  force  of  the  statute  in  such  case  made  and  provided, 

the  said is  deemed  to  have  committed 

the  crime  of  larceny,  and  so  the  (here  insert  the  name  of  the 
state's  attorney  or  informant)  gives  the  court  to  be  informed  and 

understand  that  the  said then  and  there, 

in  the  manner  and  form  as  aforesaid,  the  personal  goods,  funds, 

money  and  property  of  the  said ,  organized 

and  incorporated,  as  aforesaid,  from  the  said 

,  organized  and  incorporated  as  aforesaid,  then  and  there 

being  found,  did  then  and  there  feloniously  steal,  take  and  carrj' 
away 

(2.) 

then  and  there  fraudulently  and  feloniously  did  embezzle  and 
fraudulently  convert  to  his  own  use  a  large  amount  of  personal 
goods,  funds,  money  and  property,  to-wit:   (here  insert  the  de- 


STATUTORY   MISDEMEANORS.  323 

scription  of  money  as  in  Section  74)  the  personal  goods,  funds, 

money  and  property  of Company,  then 

and  there  being  a  corporation  organized  and  incorporated  under 
and  by  virtue  of  the  laws  of  the  State  of  Illinois,  then  and 

tnere  having  been  intrusted  to  said , 

by  the  said a  corporation  as  aforesaid, 

with  intent  feloniously  to  steal,  take  and  carry  away  the  same, 
whereby,  and  by  force  of  the  statute  in  such  case  made  and  pro- 
vided, the  said is  deemed  to  have  committed 

the  crime  of  larceny,  and  so  the  said  (here  insert  the  name  of  the 
state's  attorney  or  the  name  of  the  informant)  gives  the  court  to 

be  informed  and  understand  that  the  said 

then  and  there,  in  manner  and  form  aforesaid,  the  said  personal 

goods,  funds,  money  and  property  of  the  said 

,  organized  and  incorporated  as  aforesaid,  from 

the  said ,  organized  and  incor- 
porated, as  aforesaid,  then  and  there  being  found,  did  then  and 
there  feloniously  steal,  take  and  carry  away, 

2.      EMBEZZLEMENT     BY     OFFICERS     OF     CORPORATIONS.      PAGE    688, 

PAR.  75. 

(1.) 

was  then  and  there  an   (here  insert  "officer"  or  "agent"  or 

"clerk"  or  "servant")  of Company, 

which  said  Company  was  then  and  there  a  corporation  organ- 
ized, and  incorporated  under  and  by  virtue  of  the  laws  of  the 
State  of  Illinois,  fraudulently  and  feloniously,  without  the  con- 
sent of  his  company,  and  then  and  there  did  embezzle  and  fraudu- 
lently convert  to  his  own  use,  a  large  amount  of  personal  goods, 
funds,  money  and  property,  to-wit :  (here  insert  a  description  of 
the  money,  if  money  is  takeUj  in  the  same  language  as  the  form 
for  Section  74)  the  personal  goods,  funds,  money  and  personal 

property  of Company,  then  and  there  being  a 

corporation  organized  and  incorporated,  as  aforesaid,  which  said 
personal  goods,  funds,  money  and  property  had  then  and  there 

come  into  the  possession  of  the  said 

by  virtue  of  said  (here  insert  "office"  or  "employment") 
whereby  and  by  force  of  the  statute  in  such  case  made  and 

provided,  the  said is  deemed  to  have 

committed  the  crime  of  larceny,  and  so  the  (here  insert  the  name 


324  PRACTICE   IN  THE   MUNICIPAIi  COURT. 

of  the  state's  attorney  or  the  informant)  gives  the  court  to  be 

informed  and  understand  that  the  said 

then  and  there  in  manner  and  form  aforesaid,  the  said  personal 

goods,  funds,  money  and  property  of  the  said 

organized   and   incorporated    as    aforesaid, 

from  the  said ,  organized  and  in- 
corporated as  aforesaid,  then  and  there  being  found,  did  then 
and  there  feloniously  steal,  take  and  carry  away, 

(2.) 
was  then  and  there  a  (here  insert  *  *  clerk, "  "  agent, "  "  servant, ' ' 
or  "apprentice")  of  (here  insert  name  or  names  of  person  or 

persons  or  " and ,  then  and  there 

copartners,  and  doing  business  under  the  name  of 

, "  or  " Society ")   and  then  and  there 

fraudulently  and  feloniously,  without  the  consent  of  his  (here 
insert  "employer"  or  "master,"  mentioning  them  by  name)  did 
embezzle  and  fraudulently  convert  to  his  own  use,  a  large 
amount  of  personal  goods,  funds,  money  and  property,  to-wit: 
(here  insert,  if  money,  the  description  of  the  money  as  it  appears 
in  the  form  under  Section  74)  of  the  personal  goods,  funds, 
money  and  property  of  (here  insert  the  name  of  the  pereon,  co- 
partnership or  society  from  whom  the  property  was  talcen) 
which  said   personal   goods,    funds,   money   and   property  had 

theretofore  come  into  the  possession  of  the  said 

whereby  and  by  force  of  the  statute  in  such  case  made  and 
provided,  the  said is  deemed  to  have  com- 
mitted the  crime  of  larceny,  and  so  (here  insert  the  name  of  the 
state's  attorney  or  of  the  informant)  gives  the  court  to  be  in- 
formed and  understand  that  the  said 

then  and  there,  in  manner  and  form  aforesaid,  the  said  per- 
sonal goods,  funds,  money  and  property  of  the  said 

from  the  said   then  and 

there  being  found,  did  then  and  there  feloniously  steal,  take  and 
carry  away, 

(3.) 
(When  the  offense  is  taking  and  secreting  of  property  with  in- 
tent to  embezzle,  follow  the  same  form,  substituting  the  words 
"did  then  and  there  take  and  secrete,  with  intent  to  then  and 
there  embezzle,  and  fraudulently  convert  to  his  o^vn  use.") 


STATUTORY   MISDEMEANORS.  325 

3.      EMBEZZLEMENT   BY    BANKER,   BANK   OFFICER   OR   AGENT.      PAGE 

688,  PAR.  76. 

(forms   of   INFORMATION    OMITTED.) 

'     4.      EMBEZZLEMENT   BY   WAREHOUSEMAN.      PAGE   689,   PAR.    78. 
(forms   OF   INFORMATION    OMITTED.) 

5.      EMBEZZLEMENT   BY  ATTORNEYS  AND   OTHER  OFFICERS.      PAGE 

689,  PAR.  79. 

(forms  op  INFORMATION   OMITTED.) 

6.  EMBEZZLEMENT    BY    PUBLIC    OFFICER    IN    LOANiNG    AND    USING 

PUBLIC  FUNDS.      PAGE  689,  PAR.   21. 

(forms   of   INFORMATION    OMITTED.) 

7.  EMBEZZLEMENT    BY    ADMINISTRATOR,    EXECUTOR,    ETC.,    FAILING 

TO  ACCOUNT  FOR  OR  PAY  OVER.      PAGE  689,  PAR.  21  A. 

(forms   OF   INFORMATION   OMITTED.) 

EMPLOYMENT. 

The  statutory  provisions  on  this  subject  are  given  in  Chapter 
48  of  Kurd's  R.  S.  of  1905,  pp.  1011-26.  They  are  contained  in 
the  following  acts: 

An  act  to  provide  for  the  weekly  payment  of  wages  by  cor- 
pwrations.  Approved  April  23,  1891.  In  force  July  1,  1891. 
Laws  of  1891,  p.  213. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  13, 
14  and  15,  pp.  1012-13,  Kurd's  R.  S.  of  1905. 

(forms   of   INFORMATION   OMITTED.) 

An  act  to  regulate  and  enforce  the  payment  of  wages  due 
laborers,  servants  and  employes  from  corporations  doing  busi- 
ness in  this  state.  Approved  May  14,  1903.  In  force  July  1, 
1903.     Laws  of  1903,  p.  198. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  18 
and  19,  p.  1014,  Kurd's  R.  S.  of  1905. 

(forms  op   INFORMATION  OMITTED.) 


326  PRACTICE  IN  THE  MUNICIPAL   COURT. 

An  act  to  regulate  the  employment  of  children  in  the  State  of 
Illinois  and  to  provide  for  the  enforcement  thereof.  Approved 
May  15,  1903.     In  force  July  1,  1903.     Laws  of  1903,  p.  187. 

The  penal  provisions  of  this  act  are  found  in  paragraph  20w, 
pp.  1017-8  of  Kurd's  R.  S.  of  1905. 


FORMS  OF  COMPLAINT. 
(1.) 

then  and  there  had  under  his  control  one , 

who  was  then  and  there  a  child  under  the  age  of  sixteen  years, 

and  did  then  and  there  permit  said 

to  be  employed  at  (here  insert  "sewing  belts"  or  "in  assisting 
to  sew  belts,"  or  "in  adjusting  a  certain  belt  to  certain  machin- 
ery," or  "in  oiling  machinery,"  or  "in  assisting  in  oiling  ma- 
chinery," or  "in  assisting  in  wiping  machinery,"  or  "in  cleaning 
machinery,"  or  "in  operating  a  circular  saw,"  or  "in  operating 
a  certain  band  saw,"  or  "in  assisting  to  operate  a  certain  circu- 
lar saw,"  or  "in  assisting  to  operate  a  certain  band  saw,"  or 
"in  operating  a  certain  wood  shaper,"  or  "in  assisting  in  oper- 
ating a  certain  wood  shaper,"  or  "in  operating  a  certain  wood- 
joiner,"  or  "in  assisting  in  operating  a  certain  wood-joiner,"  or 
' ' in  operating  a  certain  planer, "  or  "in  assisting  in  operating  a 
certain  planer, "  or  "  at  certain  paper  machinery, "  or  "  at  certain 
wood  polishing  machinery,"  or  "at  emery  wheels,"  or  "at 
polishing  wheels,"  or  "at  sheet  metal  manufacturing,"  or  "at 
tinware  manufacturing,"  or  "at  certain  stamping  machinery  in 
a  washer  and  nut  factory,"  or  "in  operating  corrugating  rolls, 
which  are  then  and  there  used  in  roofing  factories,"  or  "in  opera- 
ting a  certain  passenger  elevator,"  or  "in  operating  a  certain 
freight  elevator, "  or  "  at  a  certain  steam  boiler, "  or  "  at  certain 
steam  machinery,"  or  "at  a  certain  steam  generating  appa- 
ratus," or  "as  a  pin  boy  in  a  certain  bowling  alley,"  or  "in 
operating  certain  dough  brakes,"  or  "in  assisting  in  operating 
certain  dough  brakes,"  or  "in  operating  certain  cracker  ma- 
chinery," or  "in  assisting  in  operating  certain  cracker  machin- 
erj%"  or  "at  certain  wire  straightening  machinery,"  or  "at  cer- 
tain iron  straightening  machinery,"  or  "in  operating  certain 
rolling  mill  machinery,"  or  "in  assisting  in  operating  certain 


STATUTORY   MISDEMEANORS.  327 

rolling  mill  machinery,"  or  ''at  certain  punclies,"  or  "at  cer- 
tain shears,"  or  "at  certain  wash  calendar  rolls  in  a  rubber 
manufactory, "  or  "  in  grinding  calendar  rolls  in  a  rubber  manu- 
factory,"  or  "in  mixing  calendar  rolls  in  a  rubber  manu- 
factory," or  "in  operating  laundry  machinery,"  or  "in  assist- 
ing in  operating  laundry  machinery,"  or  "in  preparing  a  cer- 
tain composition  in  which  certain  dangerous  (or  "poisonous") 

acids,  to-wit : were  then  and  there  used, ' '  or 

"at  the  manufacture  of  paints,"  or  "at  the  manufacture  of  col- 
ors, "  or  "at  the  manufacture  of  white  lead, "  or  " in  operating  a 
certain  passenger  elevator,"  or  "in  operating  a  certain  freight 
elevator,"  or  "in  assisting  to  opei'ate  a  certain  passenger  ele- 
vator," or  "in  assisting  to  operate  a  certain  freight  elevator," 
or  "in  manufacturing  certain  goods  then  and  there  used  for  im- 
moral purposes,  to-wit : "  or  "  at  a  certain 

employment  then  and  there  dangerous  to  the  life  of  said 

, "  or  "  at  a  certain  emplojTnent 

then  and  there  dangerous  to  the  limb  of  said 

, "  or  "  at  a  certain  employment  where  the  health 

of  said ,  might  be  injured, "  or  "  at  a 

certain  employment  where  the  morals  of  said 

might  be  depraved,"  or  "in  a  certain  theater,  to-wit: 

, "  or  "  in  a  certain  concert  hall,  to-wit : 

,"  or  "at  a  certain  place  of  amusement, 

to-wit : ,   wherein   intoxicating  liquors 

were  then  and  there  sold,"  or  "at  a  certain  employment,  to- 
wit  : ,  which  said  employment  then 

and  there  compelled  said to  stand  con- 
stantly"), 

(2.) 

did  then  and  there  employ  one ,  who  was 

then  and  there  a  child  under  the  age  of  sixteen  years,  and  of 

about  the  age  of years,  and  then  and  there  had 

l)een  under  the  control  of  him,  the  said ,  a  certain 

f{ge  and  school  certificate,  the  property  of  said , 

-and  did  then  and  there  fail  to  produce  to  (here  insert  "one 

,  inspector  of  factories  for  the  State  of 

Illinois,"  or  "one ,  the  assistant  of 

then   and  there    the    inspector  of 

factories  of  the  State  of  Illinois,"  or  "one 


328  PEACTICE  IN   THE   MUNICIPAL   COURT. 

who  was  then  and  there  the  deputy  of , 

then  and  there  the  inspector  of  factories  of  the  State  of  Illi- 
nois"), said  age  and  school  certificate  being  then  and  there  de- 
manded from  the  said by  said 


(3.) 
was  then  and  there  a  person  having  the  authority  to  sign  a  cer- 
tain school  certificate  for  one ,  and 

did  then  and  there  certify  in  a  certain  certificate  by  him  then 
and  there  signed,  a  certain  materially  false  statement  therein, 
to-wit:  (here  insert  the  false  statement),  whereas  in  truth  and 
in  fact  (here  insert  the  true  statement), 

An  act  to  regulate  the  manufacture  of  clothing,  wearing 
apparel  and  other  articles  in  this  State,  and  to  provide  for  the 
appointment  of  State  inspectors  to  enforce  the  same,  and  to 
make  an  appropriation  therefor.  Approved  June  17,  1893.  In 
force  July  1,  1893.     Laws  of  1893,  p.  69. 

An  act  amendatory  of  the  foregoing  act.  (See  Laws  of  1903, 
p.  193.) 

The  penal  provisions  of  these  acts  are  found  in  paragraph  28, 
p.  1019  of  Kurd's  R.  S.  of  1905. 

FORMS  OF   COMPLAINT. 
(1-) 

that  a  certain  (here  insert  "room"  or  ** rooms"  or  "apart- 
ment" or  "apartments"  in  a  certain  tenement  (or  "dwell- 
ing house")   ),  then  and  there  located  at  No 

street,  in  the  City  of  Chicago  was  then 

and  there  being  used  for  (here  insert  "eating"  or  "sleeping") 
purposes,  and  the  said  (here  insert  the  name  of  the  defendant) 
did  then  and  there  use  said  (here  insert  "room"  or  "rooms", 
or  "apartment",  or  "apartments"),  in  whole  or  in  part,  for 
the  manufacture  of  (here  insert  "coats"  or  "trousers"  or 
"knee-pants"  or  "over-alls"  or  "cloaks"  or  "shirts"  or  "ladies' 
waists"  or  "purses"  or  "feathei*s"  or  "artificial  flowers"  or 

"cigars")  by  certain  persons,  to-wit: ,  who 

were  not  then  and  there  the  immediate  members  of  the  family 
living  in  said  (here  insert  "room"  or  "rooms"  or  "apartment" 
or  "apartments"), 


STATUTORY    MISDEMEANORS.  329 

did  then  and  there  use  a  certain  (here  insert  "room"  or  "rooms" 
or  "apartments")  in  a  certain  tenement  (or  "dwelling 
house")  for  the  manufacture  of  (here  insert  "coats"  or 
"trousers"  or  "knee-pants"  or  "over-alls"  or  "cloaks"  or 
"shirts"  or  "ladies'  waists"  or  "purses"  or  "feathers"  or  "ar- 
tificial flowers"  or  "cigars")  and  did  then  and  there  neglect  to 
keep  said  (here  insert  "room"  or  "rooms"  or  "apartment"  or 
"apartments")  in  a  cleanly  state, 

(3.) 
did  then  and  there  use  a  certain  (here  insert  "room"  or 
"rooms"  or  "apartment"  or  "apartments")  in  a  certain  (here 
insert  "tenement"  or  "dwelling  house")  for  the  manufacture 
of  (here  insert  "coats"  or  "trousers"  or  "knee-pants"  or 
"over-alls"  or  "cloaks"  or  "shirts"  or  "ladies'  waists"  or 
"purses"  or  "feathers"  or  "artificial  flowers"  or  "cigars")  and 
did  then  and  there  fail  to  notify  the  board  of  health  of  the 
location  of  such  workshop  and  the  nature  of  the  work  there 
carried  on,  and  of  the  number  of  persons  therein  employed, 

An  act  to  regulate  the  employment  of  children  in  the  State  of 
Illinois  and  to  provide  for  the  enforcement  thereof.  Approved 
June  9,  1897.     In  force  July  1,  1897.     Laws  of  1897,  p.  90. 

The  penal  provisions  of  these  acts  are  found  in  paragraph  41, 
p.  1021,  Kurd's  R.  S.  of  1905. 

1.      EMPLOYING  CHILD  UNDER  FOURTEEN.      PAGE  1018,  PAR.  24. 

(1.) 

did  then  and  there  employ  one ,  who 

was  then  and  there  a  child  under  the  age  of  14  years,  at  the 

premises  known  as  No , street, 

in  the  City  of  Chicago,  in  a  certain  (here  insert  "manufacturing 
establishment"  or  "factory"  or  "workshop"),  which  said  (here 
insert  "manufacturing  establishment"  or  "factory"  or  "work- 
shop"), was  then  and  there  located  at  said  No , 

street,  in  said  city  of  Chicago, 

(2.) 
was  then  and  there  the  (here  insert  "agent"  or  "manager")  of 

,  then  and  there  a  corporation, 

which  said then  and  there  employed 


oSO  PKACTICE   IN   THE   MUNICIPAL   COURT. 

children,  aiid  the  said did  then  and 

there  fail  to  keep  a  register  in  which  to  be  recorded  the  name, 
birthplace,  age  and  place  of  residence  of  every  person  employed 

by  him,  the  said ,  under  the  age  of 

sixteen  years, 

(3.) 
was  then  and  there  (here  insert  "a  firm"  or  "a  corporation"  or 
"an  agent  of  a  firm"  or  "an  agent  of  a  corporation"  or  "a 
manager  of  a  firm"  or  "a  manager  of  a  corporation"),  and  then 
and  there  had  control  of  a  certain  (here  insert  "manufacturing 
establishment"  or  "factory"  or  "workshop")  located  at  No.  . . 

street,  in  said  city  of  Chicago,  which  said 

,  then  and  there  a  (here  insert 

"firm"  or  "corporation")  did  then  and  there  employ  children, 

and  did  then  and  there  employ  one ,  who 

was  then  and  there  a  child  over  the  age  of  fourteen  years,  and 
under  the  age  of  sixteen  years,  without  there  first  having  been 
provided  and  placed  on  file  an  affidavit  made  by  the  (here  insert 
"parent"  or  "guardian")  of  said ,  stat- 
ing the  age,  date  and  birthplace  of  said 

(4.) 
was  then  and  there  (here  insert  "a  firm"  or  "a  corporation"  or 
"an  agent  of  a  firm"  or  "an  agent  of  a  corporation"  or  "a 
manager  of  a  firm"  or  "a  manager  of  a  corporation"),  and  then 
and  there  had  control  of  a  certain  (here  insert  "manufacturing 
establishment"  or  "factory"  or  "workshop")  located  at  No.  . . 

street,  in  the  City  of  Chicago,  which 

said   ,  then  and  there  a  (here 

insert  "firm"  or  "corporation")  did   then    and   there   employ 

children,  and  did  then  and  there  employ  one 

,  who  was  then  and  there  a  child  over  the  age  of 

fourteen  years  and  under  the  age  of  sixteen  years,  and  did  then 
and  there  fail  to  keep  on  file  an  affidavit  made  by  the  (here  in- 
sert "parent"  or  "guardian")  of  said , 

stating  the  age,  date  and  birthplace  of  said 

(5.) 
was  then  and  there  (here  insert  "a  firm"  or  "a  corporation"  or 
"an  agent  of  a  firm"  or  "an  agent  of  a  corporation"  or  "a 


STATUTORY   MISDEMEANORS.  331 

manager  of  a  firm"  or  "a  manager  of  a  corporation"),  and  then 
and  there  had  control  of  a  certain  (here  insert  "manufacturing 
establishment"  or  "factory"  or  "workshop")  located  at  No. . . 

street,  in  the  City  of  Chicago,  which  said 

,  then  and  there  a  (here  insert  ' ' firm ' ' 

or  "corporation")  did  then  and  there  employ  children,  and  did 

then  and  there  employ  one ,  who  was 

then  and  there  a  child  over  the  age  of  fourteen  years  and  under 
the  age  of  sixteen  years,  and  did  then  and  there  fail  to  produce 
n  certain  register  which  was  supposed  to  contain  the  name,  birth- 
place, age  and  place  of  residence   of  every  person  employed 

by ,  under  the  age  of  sixteen  years 

for  inspection  by ,  then  and  there 

the  (here  insert  "state  factory  inspector,"  or  "assistant  state 
factory  inspector,"  or  "deputy  state  factoiy  inspector")  de- 
mand therefor  having  been  then  and  there  made  by  said 


2.      FAILING  TO  POST  NOTICE  STATING  HOURS  OF  LABOR.      PAGE  1019, 

PAR.  26. 

(1.) 

did  then  and  there  employ  females  in  a  certain  (here  insert 
"manufacturing  establishment"  or  "factory"  or  "workshop") 
and  did  then  and  there  fail  to  post  and  keep  posted  in  a  conspic- 
uous place  in  every  room  where  such  female  was  employed,  a 
printed  notice  stating  the  hours  for  each  day  of  the  week  within 
which  work  was  required  of  such  female  persons, 

(2.) 
■did  then  and  there  employ  in  a  certain   (here  insert  "manu- 
facturing establishment"  or  "factory"  or  "workshop")   then 

and  there  located  at  No ,   street,  in 

the  City  of  Chicago,  children  under  the  age  of  sixteen  years,  and 
did  then  and  there  fail  to  post  and  keep  posted  in  a  conspicuous 
place  in  every  room  where  such  children  under  the  age  of  sixteen 
years  were  then  and  there  employed,  a  list  of  the  names,  ages 
and  places  of  residence,  of  said  children  so  employed  in  said 
room,  as  aforesaid, 


332  PRACTICE  IN  THE   MUNICIPAL   COURT. 

3.  EMPLOYING  CHILD  UNDER  FOURTEEN  YEARS.  PAGE  1020,  PAR.  33. 

did  then  and  there  employ  one ,  who 

was  then  and  there  a  child  under  the  age  of  fourteen  years  to 
work  for  wages  at  the  occupation  of 

4.  FAILING    TO    KEEP     REGISTER    OP    CHILDREN     UNDER    FOURTEEN 

YEARS. 

(1.) 

did  then  and  there  employ  minors  in  a  certain  (here  insert  "mer- 
cantile institution"  or  "store"  or  "office"  or  "laundry"  or 
"manufacturing  establishment"  or  "factory"  or  "workshop") 
within  the  State  of  Illinois,  and  did  then  and  there  fail  to  keep 
a  register  in  said  (here  insert  "mercantile  institution"  or 
"store"  or  "office"  or  "laundry"  or  "manufacturing  establish- 
ment" or  "factory"  or  "workshop")  in  which  there  were  re- 
corded the  names,  ages  and  place  of  residence  of  every  child  em- 
ployed or  permitted  or  suffered  to  work  therein,  under  the  age 
of  sixteen  years, 

(2.) 
did  then  and  there  employ  minors  in   a  certain    (here  insert 
"mercantile  institution"  or  "store"  or  "office"  or  "laundry"  or 
"manufacturing  establishment"  or  "factory"  or  "workshop"), 
within  the  State  of  Illinois,  and  did  then  and  there  (here  insert 

"hire"  or  "employ"  or  "permit"  or  "suffer")  one 

,  who  was  then  and  there  under  the  age  of 

sixteen  years  and  over  the  age  of  fourteen  years  to  work  in  said 
(here  insert  "mercantile  institution"  or  "store"  or  "office"  or 
"laundry"  or  "manufacturing  establishment"  or  "factory"  or 
"workshop")  without  there  having  first  been  provided  and 
placed  on  file  in  said  (here  insert  "mercantile  institution"  or 
"store"  or  "office"  or  "laundry"  or  "manufacturing  establish- 
ment" or  "factory"  or  "workshop")  an  affidavit  made  by  the 

(here  insert  "parent"  or  "guardian")  of  the  said 

stating  the  name,  date  and  place  of  birth  of  the  said 


(3.) 
did  then  and  there  employ  minors  in  a  certain  (here  insert  "mer- 
cantile institution"  or  "store"  or  "office"   or  "laundry"  or 
"manufacturing  establishment"  or  "factory"  or  "workshop") 


STATUTORY    MISDEMEANORS.  333 

within  the  State  of  Illinois,  and  did  then  and  there  fail  to  pro- 
duce and  show  for  inspection  to  one ,  who 

was  then  and  there  the  (here  insert  "state  factory  inspector 
of  the  State  of  Illinois"  or  "assistant  state  factory  inspector  of 
the  State  of  Illinois"  or  "deputy  state  factory  inspector  of  the 
State  of  Illinois")  a  certain  (here  insert  "register  containing 
the  names,  ages,  and  place  of  residence  of  every  child  ("em- 
ployed" or  "permitted"  or  "suffered")  to  work  in  said  (here 
insert  "mercantile  institution"  or  "store"  or  "office"  or  "laun- 
dry" or  "manufacturing  establishment"  or  "factory"  or 
"workshop")  or  "affidavit  stating  the  name,  date  and  place  of 

birth  of  one ,  who  was  then  and 

there  employed  (or  "permitted  to  work"  or  "suffered  to  work") 
in  said  (here  insert  "mercantile  institution"  or  "store"  or 
"office"  or  "laundry"  or  "manufacturing  establishment"  or 
"factory"  or  "workshop")  ), 

5.  FAILING   TO    KEEP   POSTED   A   LIST    OF   PERSONS   UNDER   SIXTEEN 

YEARS.      PAGE  1021,  PAR.  35. 

did  then  and  there  (here  insert  "employ"  or  "permit  to  work" 
or  "suffer  to  work")  children  under  the  age  of  sixteen  years 
and  over  the  age  of  fourteen  years  in  a  certain  (here  insert 
"mercantile  institution"  or  "store"  or  "office"  or  "laundry" 
or  "manufacturing  establishment"  or  "factory"  or  "work- 
.shop"),  and  did  then  and  there  fail  to  post  and  keep  posted  in 

a  conspicuous  place  in  every  room  in  said , 

in  which  said  children  were  then  and  there  (here  insert  "em- 
ployed" or  "permitted  to  work"  or  "suffered  to  work")  a  list 
containing  the  name,  age,  and  place  of  residence  of  every  per- 
son under  the  age  of  sixteen  years  (here  insert  "employed"  or 
"permitted  to  work"   or  "suffered  to  work")    in  said  room, 

6.  PERMITTING    PERSONS    UNDER    SIXTEEN    YEARS    TO    WORK    MORE 

THAN  TEN  HOURS  IN  ONE  DAY.      PAGE   1021,  PAR.  36. 

did  then  and  there  (here  insert  "employ"  or  "suffer  to  work") 

one ,  who  was  then  and  there  under 

the  age  of  sixteen  years  at  a  certain  gainful  occupation,  to-wit: 

the  occupation more  than  (here  insert  "sixty 

hours  in  one  week"  or  "ten  hours  in  one  day"), 


334  PRACTICE  IN  TIIE  MUNICIPAL  COURT. 

7.      PERMITTING    CHILD   UNDER  SIXTEEN  YEARS  TO  WORK  AT  EXTRA 
HAZARDOUS   EMPLOYMENT.      PAGE    1021,   PAR.    38. 

(1.) 

did  then  and  there  (here  insert  "employ"  or  "permit  to  work"" 

or  "suffer  to  work")  one ,  who  was  then 

and  there  a  child  under  the  age  of  sixteen  years,  at  a  certain 

extra  hazardous  employment,  to-wit :  the  employment  of 

,  whereby  the  (here  insert  "life"  or  "limb") 

of  said was  then  and  there  endangered, 

(2.) 
did  then  and  there  (here  insert  "employ"  or  "permit  to  work" 

or  "suffer  to  work")  one ,  who  was 

then  and  there  a  child  under  the  age  of  sixteen  years  at  a  cer- 
tain extra  hazardous  employment  to-wit,  the  employment  of 

whereby  the  health  of  said 

was  then  and  there  likely  to  be  injured, 

(3.) 

did  then  and  there  (here  insert  "employ"  or  "permit  to  work" 

or  "suffer  to  work")  one   ,  who 

was  then  and  there  a  child  under  the  age  of  sixteen  years,  at  a 
certain  extra  hazardous  employment  to-wit,  the  employment  of 

whereby  the  morals  of  said 

might  then  and  thereby  be  depraved, 

An  act  to  compel  the  use  of  blowers  upon  metal  polishing  ma- 
chinery. Approved  June  11,  1897.  In  force  July  1,  1897. 
Laws  of  1897,  p.  250. 

The  penal  provisions  of  this  act  are  found  in  paragraph  48,  p- 
1023  of  Kurd's  R.  S.  of  1905. 

FORM   OP   COMPLAINT. 

1.      FAILING    TO    HAVE   BLOWERS   UPON    METAL    POLISHING    MACHIN- 
ERY.     PAGE  1022,  PAR.  43. 

did  then  and  there  operate  a  (here  insert  "factory"  or  "work- 
shop") where  (here  insert  "emery  wheels"  or  "emery  belts"  or 
"solid  emery  wheels"  or  "leather  covered  emery  wheels"  or 
"felt   emery   wheels"   or   "canvas   emeiy  wheels"   or   "linen 


STATUTORY    MISDEMEANORS.  335 

emery  wheels"  or  "paper  emery  wheels"  or  "cotton  emery 
wheels"  or  "wheels  rolled  with  emery"  or  "wheels  rolled  with 
corundum"  or  "belts  rolled  with  emery"  or  "belts  rolled  with 
corundum"  or  "wheels  coated  with  emery"  or  "wheels  coated 
with  corundum"  or  "belts  coated  with  emery"  or  "belts  coated 
with  corundum"  or  "cotton  wheels  used  as  buffs")  were  then 
and  there  used,  and  did  then  and  there  neglect  to  provide  said 

with  a  blower  or  apparatus  placed  over 

said wheels  (or  "belts")  and  be- 
side or  under  said wheel,  in  such  a  manner 

as  to  protect  the  person  using  the  same  from  particles  of  dust 
produced  and  caused  by  said  wheel,  and  to  carry  away  the  dust 
arising  from  or  thrown  oif  by  said  wheel  in  operation  direct- 
ly to  the  outside  of  the  building,  or  to  some  receptacle  placed  so 
as  to  receive  and  confine  said  dust, 

2.      OPERATING    WHEELS    NOT    FITTED,     HOODED,    ETC.      PAGE  1022. 

PAR.  44. 

did  then  and  there  operate  a  certain  (here  insert  "factory"  or 
"workshop")  where  (here  insert  "emery  wheels"  or  "emery 
belts"  or  "solid  emery  wheels"  or  "leather  covered  emery 
wheels"  or  "felt  emery  wheels"  or  "canvas  emery  wheels"  or 
"linen  emery  wheels"  or  "paper  emery  wheels"  or  "cotton  em- 
ery wheels"  or  "wheels  rolled  with  emery"  or  "wheels  rolled 
with  corundum"  or  "belts  rolled  with  emery"  or  "belts  rolled 
with  corundum"  or  "wheels  coated  with  emery"  or  "wheels 
coated  with  corundum"  or  "belts  coated  with  emery"  or  "belts 
coated  with  corundum"  or  "cotton  wheels  used  as  buffs")  were 
then  and  there  being  used,  and  did  then  and  there  fail  to  fit  a 
certain  ("belt"  or  "wheel")  with  (here  insert  "a  sheet  of  cast 
iron"  or  "hood"  or  "hopper")  of  such  form  and  so  applied  to 
said  (here  insert  "wheel"  or  "belt")  that  the  dust  or  refuse 
therefrom  would  fly  from  said  (here  insert  "belt"  or  "wheel") 
or  would  be  drawn  into  said  hood  or  hopper  by  centrifugal  force 
and  be  carried  off  by  a  current  of  air  into  a  suction  pipe  attached 
to  said  hood  or  hopper, 

3.      FAILING  TO  PROVIDE  SUCTION  PIPES.      PAGE   1022,   PAR.  45. 

did  then  and  there  operate  a  (here  insert  "factory"  or  "work- 
shop") where  (here  insert  "emery  wheels"  or  "emery  belts"  or 


336  PRACTICE  IN  THE  MUNICIPAL   COURT. 

"solid  emery  wheels"  or  "leather  covered  emerj^  wheels*'  or 
"felt  emery  wheels"  or  "canvas  emery  wheels"  or  "linen  emery 
wheels"  or  "paper  emery  wheels"  or  "cotton  emery  wheels"  or 
wheels  rolled  with  emery"  or  "wheels  rolled  with  corundum"  or 
'belts  rolled  with  emery",  or  "belts  rolled  with  corundum"  or 
' '  wheels  coated  with  emery  "  or  "  wheels  coated  with  corundum ' ' 
or  "belts  coated  with  emery"  or  "belts  coated  with  corundum" 
or  "cotton  wheels  used  as  buffs")  were  then  and  there  being 
used,  and  did  then  and  there  fail  to  provide  a  certain  wheel  less 
than  six  inches  in  diameter  with  a  three-inch  suction  pipe, 

An  act  prohibiting  the  use  of  deception,  misrepresentation, 
false  advertising  and  false  pretenses,  and  unlawful  force  in  the 
procuring  of  employes  to  work  in  any  department  of  labor  in  this 
State  and  fixing  penalties,  criminal  and  civil,  for  violation  there- 
of. Approved  April  24,  1899,  In  force  July  1,  1899.  Laws 
of  1899,  p.  139. 

The  penal  provisions  of  this  act  are  found  in  paragraph  50, 
p.  1023  of  Hurd's  R.  S.  of  1905. 

(forms  of   COMPLAINT  OMITTED.) 

An  act  relating  to  employment  oflBces  and  agencies.  Ap- 
proved and  in  force  May  11,  1903.    Laws  of  1903,  p.  104. 

The  penal  provisions  of  this  act  are  found  in  paragraph  59, 
p.  1025  of  Hurd's  R.  S.  of  1905. 

forms  of  information. 

1.     charging  fee  to  persons  applying  for  employment  at 
free  employment  agency.    page  1025,  par.  59. 

was  then  and  there  a  (here  insert  "superintendent"  or  "as- 
sistant superintendent"  or  "clerk")  of  one  Illinois  Free  Em- 
ployment Office,  located  in  the  City  of  Chicago,  County  of  Cook 
and  State  of  Illinois,  and    did    then  and    there    (here  insert 

"charge"  or  "receive")  from  one who  then 

and  there  applied  for  employment  through  said  Illinois  Free 

Employment  Office,  the  sum  of dollars,  as  a 

(here  insert  "fee"  or  "compensation")  from  said  (here  insert 

" "or  "the  representative  of  said 

"), 


STATUTORY    MISDEMEANORS.  337 


2.     OPERATING  EMPLOYMENT   AGENCY  FOR  HIRE   WITHOUT  LICENSE. 
PAGE  1025,  PAR.  61. 

did  then  and  there  (here  insert  "open"  or  "operate"  or  "main- 
tain") a  private  employment  agency  (here  insert  "for  hire" 
or  "where  a  fee  was  charged  to  either  applicant  for  employment 
or  for  help")  without  first  obtaining  a  license  for  said  private 
employment  agency  from  the  Commissioners  of  Labor  of  the 
State  of  Illinois, 

3.      FAILING  TO  KEEP  LICENSE  POSTED. 

did  then  and  there  (here  insert  "open,"  "operate"  or  "main- 
tain") a  private  employment  agency  for  hire,  and  did  then  and 
there  have  a  license  for  said  private  employment  agency  for  hire 
from  the  Commissioners  of  Labor  of  the  State  of  Illinois,  and 
did  then  and  there  (here  insert  "open"  or  "operate"  or  "main- 
tain") a  private  employment  agency  (here  insert  "for  hire" 
or  ' '  where  a  fee  was  charged  to  either  applicant  for  employment 
or  for  help"),  and  did  then  and  there  fail  to  post  and  keep 
■posted  in  a  conspicuous  place  in  said  employment  agency  the  li- 
cense obtained  from  the  Commissioners  of  Labor  of  the  State  of 
Illinois  so  to  conduct  said  employment  agency. 

4.      PRINTING   NAME   SIMILAR   TO   THAT    OP   ILLINOIS  FREE   EMPLOY- 
MENT AGENCY. 

did  then  and  there  (here  insert  "open,"  "operate"  or  main- 
tain") a  private  employment  agency  for  hire,  and  did  then  and 
there  have  a  license  for  said  private  employment  agency  for  hire 
from  the  Commissioners  of  Labor  of  the  State  of  Illinois,  and 
did  then  and  there  (here  insert  "open"  or  "operate"  or  "main- 
tain") a  private  employment  agency  (here  insert  "for  hire"  or 
' '  where  a  fee  was  charged  to  either  applicant  for  employment  or 
for  help")  and  did  then  and  there  (here  insert  "print"  or 
"publish"  or  "paint")  on  a  certain  (here  insert  "sign"  or 
"window")  a  name  similar  to  that  of  the  Illinois  Free  Employ- 
ment Office,  to- wit : 

(2.) 
did  then  and  there  (here  insert  "open,"  "operate"  or  "main- 
tain") a  private  employment  agency  for  hire,  and  did  then  and 


'6'6b  PRACTICE  IN  THE  MUNICIPAL   COURT. 

there  have  a  license  for  said  Private  Employment  Agency  for 
liire  from  the  Commissionei-s  of  Labor  of  the  State  of  Illinois, 
and  did  then  and  there  (here  insert  "open"  or  "operate"  or 
"maintain"  a  private  employment  agency  (here  insert  "for 
hire"  or  "where  a  fee  was  charged  to  either  applicant  for  em- 
ployment or  for  help"),  and  did  then  and  there  insert  in  a  cer- 
tain (here  insert  "newspaper"  or  "publication")  to-wit: 

a  name  similar  to  that  of  the  Illinois  Free  Employ- 
ment Office,  to-wit : 

5.      FAILING  TO  KEEP  REGISTER. 
(1.) 

did  then  and  there  (here  insert  "open,"  "operate"  or  "main- 
tain") a  private  employment  agency  for  hire,  and  did  then  and 
there  have  a  license  for  said  private  employment  agency  for  hire 
from  the  Commissioners  of  Labor  of  the  State  of  Illinois,  and  did 
then  and  there  (here  insert  "open"  or  "operate"  or  "main- 
tain") a  private  employment  agency  (here  insert  "for  hire" 
or  "where  a  fee  was  charged  to  either  applicant  for  employment 
or  for  help")  and  did  then  and  there  fail  to  keep  a  register 
in  which  was  then  and  entered  the  name  and  address  of  every 
applicant  for  work, 

(2.) 
did  then  and  there  (here  insert  "open,"  "operate"  or  "main- 
tain") a  private  emplojonent  agency  for  hire,  and  did  then  and 
there  have  a  license  for  said  private  employment  agency  for  hire 
from  the  Commissioners  of  Labor  of  the  State  of  Illinois,  and  did 
then  and  there  (here  insert  "open"  or  "operate"  or  "main- 
tain") a  private  employment  agency  (here  insert  "for  hire" 
or  "where  a  fee  was  charged  to  either  applicant  for  employment 
or  for  help")  and  did  then  and  there  fail  to  enter  into  a  reg- 
ister the  name  of who  then  and  there  made 

application  for  a  servant, 

(3.) 
did  then  and  there  (here  insert  "open,"  "operate"  or  "main- 
tain") a  private  emplojTnent  agency  for  hire,  and  did  then  and 
there  have  a  license  for  said  private  employment  agency  for  hire 
from  the  Commissioners  of  Labor  of  the  State  of  Illinois,  and  did 


STATUTORY    MISDEMEANORS.  339 

then  and  there  (here  insert  "open"  or  "operate"  or  "main- 
tain") a  private  employment  agency  (here  insert  "for  hire"  or 
"where  a  fee  was  charged  to  either  applicant  for  employment  or 
for  help")  and  did  then  and  there  fail  to  enter  in  a  register  the 

name  and  nature  of  the  employment  for  which  one 

then  and  there  sought  help, 

6.      CHARGING  EXORBITANT  REGISTRATION  FEE. 
(1.) 

did  then  and  there  (here  insert  "open,"  "operate"  or  "main- 
tain") a  private  employment  agency  for  hire,  and  did  then  and 
there  have  a  license  for  said  private  employment  agency  for  hire 
from  the  Commissioners  of  Labor  of  the  State  of  Illinois,  and  did 
then  and  there  (here  insert  "open"  or  "operate"  or  "main- 
tain") a  private  employment  agency  (here  insert  "for  hire" 
or  "where  a  fee  was  charged  to  either  applicant  for  empjoy- 
raent  or  for  help")  and  did  then  and  there  charge  as  a  regis- 
tration fee  for  (here  insert  "receiving"  or  "filing")  the  ap- 
plication of  one for  (here  insert  "employ- 
ment" or  "help")  a  sum  of  money  exceeding  two  dollars,  to- 
wit :  the  sum  of dollars, 

(2.) 

did  then  and  there  (here  insert  "open,"  "operate"  or  "main- 
tain") a  private  employment  agency  for  hire,  and  did  then  and 
there  have  a  license  for  said  private  employment  agency  for  hire 
from  the  Coimnissioners  of  Labor  of  the  State  of  Illinois,  and  did 
then  and  there  (here  insert  "open"  or  "operate"  or  "main- 
tain") a  private  employment  agency  (here  insert  "for  hire" 
or  "where  a  fee  was  charged  to  either  applicant  for  employ- 
ment or  for  help")  and  did  then  and  there  charge  one 

as  a  registration  fee  for      (here  insert 

"receiving"  or  "filing") , an  application  for  (here  insert  "em- 
ployment"   or   "help")    the   sum   of dollars, 

and  did  then  and  there  fail  fo  give  a  receipt  therefor,  stating 
the  name  of  the  applicant  and  the  amount  of  the  fee,  the  date 
of  the  application  and  the  name  and  the  character  of  the  work 
of  the  (here  insert  "work"  or  "situation")  to  be  procured, 


340  PRACTICE   IN   THE    MUNICIPAL   CO  CRT. 

7.      FAILING  TO  RETURN   FEE  CHARGED. 
(1.) 

did  then  and  there  (here  insert  "open,"  "operate"  or  "main- 
tain") a  private  employment  agency  for  hire,  and  did  then  and 
there  have  a  license  for  said  private  employment  agency  for  hire 
from  the  Commissioners  of  Labor  of  the  State  of  Illinois,  and  did 
then  and  there  (here  insert  "open"  or  "operate"  or  "main- 
tain") a  private  employment  agency  (here  insert  "for  hire"  or 
' '  where  a  fee  was  charged  to  either  applicant  for  employment  or 

for  help ")  and  one on  the day  of 

paid  to  said the  sum  of 

dollars  as  a  registration  fee  in  order  to  obtain  a  (here  insert 
"situation"  or  "employment")  through  said  agency,  and  the 
said did  not  within  one  month  after  the  registra- 
tion as  aforesaid  obtain  a  (here  insert  "situation"  or  "em- 
ployment")  through  said  agency  and  did  on  the 

day  of make  demand  upon  said ' 

for  the  sum  of dollars  and  the  said 

did  then  and  there  refuse  and  failed  to  pay  and  return  to  said 
said dollars, 

8.      SENDING  APPLICANT  TO  HOUSE  OF  ILL  FAME. 

did  then  and  there  (here  insert  "open,"  "operate"  or  "main- 
tain") a  private  employment  agency  for  hire,  and  did  then  and 
there  have  a  license  for  said  private  employment  agency  for  hire 
from  the  Commissioners  of  Labor  of  the  State  of  Illinois,  and  did 
then  and  there  (here  insert  "open"  or  "operate"  or  "main- 
tain") a  private  employment  agency  (here  insert  "for  hire" 
or  "where  a  fee  was  charged  to  either  applicant  for  employ- 
ment or  for  help")  and  did  then  and  there  (here  insert  "send" 

or  "cause  to  be  sent")  one to  the 

premises  known  as which  said  premises  was 

then  and  there  (here  insert  "a  place  of  bad  repute"  or  "house 
of  ill- fame"  or  "an  assignation  house"  or  "a  house  of  amuse- 
ment kept  for  immoral  purposes"  or  "a  place  of  amusement 
kept  for  immoral  purposes"), 

9.     PUBLISHING  FALSE  NOTICE. 

did  then  and  there  (here  insert  "open,"  "operate"  or  "main- 
tain") a  private  (employment  agency  for  hire,  and  did  then  and 


STATUTORY    MISDEMEiVNORS.  341 

there  have  a  license  for  said  private  employment  agency  for  hire 
from  the  Commissioners  of  Labor  of  the  State  of  Illinois,  and  did 
then  and  there  (here  insert  "open"  or  "operate"  or  "main- 
tain") a  private  employment  agency  (here  insert  "for  hire" 
or  "where  a  fee  was  charged  to  either  applicant  for  employment 
or  for  help")  and  did  then  and  there  (here  insert  "publish" 
or  "cause  to  be  published")  a  certain  (here  insert  "false  no- 
tice" or  "fraudulent  notice"  or  "fraudulent  advertisement") 
(here  insert     "concerning"  or     "relating")    to   (here     insert 

"work"  or  "employment")    to  one who 

had  then  and  there  registered  for  employment. 


10,     GIVING  FALSE  INFORMATION  OR  FALSE  PROMISE. 

did  then  and  there  (here  insert  "open,"  "operate"  or  "main- 
tain") a  private  employment  agency  for  hire,  and  did  then  and 
there  have  a  license  for  said  private  employment  agency  for  hire 
from  the  Commissionei-s  of  Labor  of  the  State  of  Illinois,  and  did 
then  and  there  (here  insert  "open"  or  "operate"  or  "main- 
tain") a  private  employment  agency  (here  insert  "for  hire" 
or  "where  a  fee  was  charged  to  either  applicant  for  employment 
or  for  help")  and  did  then  and  there  (here  insert  "give  cer- 
tain false  information"  or  "make  a  certain  false  promise") 
(here  insert  "concerning"     or  "relating")     to    (here     insert 

"work"  or  "employment")  to  one who  was 

then  and  there  registered  in  said  agency  for  employment. 


11.      MAKING  FALSE  ENTRY  IN  REGISTER. 

did  then  and  there  (here  insert  "open,"  "operate"  or  "main- 
tain") a  private  employment  agency  for  hire,  and  did  then  and 
there  have  a  license  for  said  private  employment  agency  for  hire 
from  the  Commissioners  of  Labor  of  the  State  of  Illinois,  and  did 
then  and  there  (here  insert  "open"  or  "operate"  or  "main- 
tain") a  private  employment  agency  (here  insert  "for  hire" 
or  "where  a  fee  was  charged  to  either  applicant  for  employment 
or  for  help")  and  did  then  and  there  make  a  certain  false  en- 
try in  the  register  required  by  said  agency  by  law  to  be  kept, 


342  PRACTICE    IN    THE    MUNICIPAL    CUUIIT. 

12.       CONDUCTING      EMPLOYMENT      AGENCY     IN     PREMISEb      WHERE 

LIQUOR    IS    SOLD. 

did  then  and  there  (here  insert  "open,''  '"operate"  or  "main- 
tain") a  private  employment  agency  for  hire,  and  did  then  and 
there  have  a  license  for  said  private  employment  agency  for  hire 
from  the  Commissioners  of  Labor  of  the  State  of  Illinois,  and  did 
then  and  there  (here  insert  "open"  or  "operate"  or  "main- 
tain") a  private  employment  agency  (herie  insert  "for  hire"  or 
"where  a  fee  was  charged  to  either  applicant  for  employment  or 
for  help")  and  did  then  and  there  conduct  the  business  oF 
an    employment   office    (here    insert    "in"    or    "in    connection 

with")  certain  premises  known  as in  which  said 

premises  intoxicating  liquors  were  then  and  there  sold, 

ESCAPE. 

The  statutory  provisions  on  this  subject  are  given  in  Chap- 
ter 38  of  Hurd's  R.  S.  of  1905,  pages  690-691.  They  are  con- 
tained in  the  following  act : 

An  act  to  revise  the  law  in  relation  to  criminal  jurispru- 
dence. Approved  March  27,  1874.  In  force  July  1,  1874.  R. 
S.  of  1874,  p.  352. 

The  penal  provisions  in  question  are  found  in  paragraphs 
83-85.  and  92,  pp.  690-691.  Hurd's  R.  S.  of  1905. 

FORMS  OP  INFORMATION. 
1.      OFFICER  REFUSING    TO    ARREST.      PAGE   690,   PAR.    83. 

(1.) 

was  then  and  there  (here  insert  "sheritt'  of "  or 

"jailer  of "  or  "coroner  of "  or 

"policeman  of "or  "... ") 

and  was  then  and  there  an  officer  authorized  to  (here  insert 
"make  arrests"  or  "have  the  custody  of  prisoners")  and  did 
then  and  there  wilfully  and  corruptly  refuse  to   (here  insert 

"arrest"  or  "confine"),  one who  was  then 

and  there  (here  insert  "charged  with"  or  "convicted  of")  the 
offense  of 


STATUTORY   MISDEMEANORS.  343 

(2.) 

was  then  and  there  (here  insert  "sheriff  of "  or 

•'jailer  of "  or  "coroner  of " 

or  ' ' policeman  of "  or  " ") , 

and  was  then  and  there  an  officer  authorized  to  (here  insert 
"make  arrests"  or  "have  the  custody  of  prisoners")  and  did 
then  and  there  wilfully  and  corruptly  (here  insert  "omit"  or 
"delay")   to  execute  a  certain  process  then  and  there  to  him 

directed  wherein  and  whereby  he,  the  said was 

by  said  process  directed  to  (here  insert  "arrest"  or  "confine") 

one then  and  there  (here  insert  "charged 

with"  or  "convicted  of")  a  certain  offense,  to-wit:  the  of- 
fense of ,whereby  the  said 

did  then  and  there  escape, 

2.      AIDING  PRISONER  TO  ESCAPE.     PAGE  690,  PAR.  84. 

one was  then  and  there  a  prisoner  and  was 

then  and  there  in  the  lawful  custody  of  one 

who  was  then  and  there  (here  insert  kind  of  officer)  and  who 
then  and  there  as  such  officer  had  the  laAvful  custody''  of  said 

,  and  he,  the  said   (here  insert 

name  of  the  defendant)  did  then  and  there  (here  insert  "aid" 

or  * '  assist ' ' )    the  said then  and  there  a 

prisoner  as  aforesaid  in  (here  insert  "escaping"  or  "attempt- 
ing to  escape ")   from  said 

3.      RESCUING  PRISONER.      PAGE   690,  PAR  85. 

did  then  and  there  (here  insert  "rescue"  or  "attempt  to  res- 
cue")   one     who  was  then  and  there  a 

l)risoner  in  the  lawful  custody  of  one then  and 

there  a   (here  insert  kind  of  officer)  of 

4.      ALLOWING  ESCAPE  BEFORE  CONVICTION.      PAGE  690,  P.VR.   80. 

was  then  and  there  the   (here  insert  "sheriff  of  Cook  county" 

or  "coroner  of  Cook  county"  or  "jailer  of " 

or  "keeper  of prison"  or  "constable")  and 

then  and  there  had  in  his  legal  custody  one 

wlio  was  then  and  there  charged  with  the  offense  of 


344  PRACTICE    IN    THE    MUNICIPAL    COURT. 

and  was  not  then  and  there  convicted,  and  he,  the  said 

did  then  and  there  voluntarily  (here  insert 

"suffer"  or  "permit")  the  said to 

(here  insert  "escape"  or  "go  at  large"), 

5.      AIDING    ESCAPE.      PAGE    691,    PAR.    92. 

(1.) 

did  then  and  there  convey  into  (here  insert  "the  penitentiary 
at  Joliet"  or  "into  the  county  jail  of  Cook  county"  or  "into 

the  jail  of county"  or  "into  the  House  of 

Correction  at ")  a  certain  (here  insert 

"disguised  instrument"  or  "tool"  or  "weapon"  or  " 

")  to-wit,  a which  said  (here  in- 
sert "disguised  instrument"  or  "tool"  or  "weapon"  or  "  . . . . 

")  was  then  and  there  (here  insert  "adapted"  or 

"useful")  to  aid  a  prisoner  in  making  his  escape,  with  intent 

then  and  there  on  the  part  of  the  said to 

facilitate  the  escape  of  one who  was  then 

and  there  a  prisoner  lawfully  (here  insert  "convicted"  or  "de- 
tained"), 

(2.) 
did  then  and  there  by  means  of  (here  insert  the  means)   (here 

insert  "aid"  or  "assist")   one    who  was 

then  and  there  a  prisoner  in  (here  insert  "the  penitentiary  at 
Joliet"  or  "the  County  Jail  of  Cook  County"  or  "the  County 

Jail  of County"  or  "the  House  of 

Correction  at ")  to  escape  therefrom, 

(3.) 
did  then  and  there    (here  insert  "conceal"  or  "assist")   one 

who  was  then  and  there  a  convict  then 

and  there  having  escaped  from  (here  insert  "the  penitentiary 
at  Joliet"  or  "the  County  Jail  of  Cook  County"  or  "the  Coun- 
ty Jail  of County"  or  "the  House  of  Correction 

at • "), 

ESTRAYS  AND  LOST  PROPERTY. 

The  statutory  provisions  on  this  subject  are  given  in  chap- 
tei-  50  of  Hurd's  R.  S.  of  1905,  pp.  1029-1033.  They  are  con- 
tained in  the  following  act: 


STATUTORY    MISDEMEANORS.  345 

An  act  to  revise  the  law  in  reg^ard  to  estrays  and  other  lost 
property.  Approved  March  23,  1874.  In  force  July  1,  1874. 
R.   S.  of  1874,  p.  482. 

The  penal  provisions  of  this  act  are  found  in  paragraph  19, 
p.  1031,  and  paragraphs  33-35,  p.  1033  of  Kurd's  R.  S.  of  1905. 

(forms  op  information  omitted.) 

EXPLOSIVES. 

The  statutory  provisions  on  this  subject  are  given  in  chapter 
38  of  Kurd's  R.  S.  of  1905,  pp.  683-5.  They  are  contained  in 
the  following  acts : 

An  act  to  regulate  the  manufacture,  transportation,  use  and 
sale  of  explosives  and  to  punish  an  improper  use  of  the  same. 
Approved  June  16,  1887.  In  force  July  1,  1887.  Laws  of  1887, 
p.  180. 

An  act  amendatory  of  the  foregoing  act.  (See  laws  of  1903, 
p.  159.) 

The  penal  provisions  of  these  acts  are  found  in  paragraphs 
54^1  to  54m,    pp.  683-4,  Kurd's  R.  S.  of  1905. 

forms  of  information. 

1.      KEEPING   EXPLOSIVES.      PAGE    684,    PAR.    54l,. 

did  then  and  there   (here  insert  "store"  or  "keep")   certain 

(here  insert  "dynamite"  or  " nitro-ehloride "  or  " ") 

which  was  then  and  there  an  explosive  compound,  within  the 
limits  of  the  city  of  Chicago,  without  having  complied  with 

section of  the  Revised  Ordinances  of  the  City  of 

Chicago, 

2.      FAILING  to  keep  RECORD  AND   SALE  OP  EXPLOSIVES.      PAGE  684, 

PAR.  54m. 

(1.) 

did  then  and  there  (here  insert  "sell"  or  "dispose  of")   (here 

insert  "dynamite"  or  " nitro-chloride "  or  " ") 

which  was  then  and  there  an  explosive  compound,  and  did  then 
and  there  fail  to  keep  a  record  of  the  name  and  residence  of 

every  person  to  whom  he,  the  said had 

disposed  of  any  of  said  explosive  compounds,  and  the  kind  and 


340  PRACTICE   IN    THE   MUNICIPAL   COURT. 

amount  thereof  and  the  date  of  such  transaction,  and  did  thea 
and  tliere  fail  to  preserve  said  record  for  tliree  years  from 
the  date  of  said  transaction, 

(2.) 
did  then  and  there  transport  (here  insert  "dynamite''  or  "nitro- 

chloride"  or  " ")    and  did  then  and  there 

fail  to  keep  a  record  of  the  names  and  residences  of  the  persons, 
firms,  companies  and  corporations  forwarding  said  explosive 
compound,  and  of  the  kind  and  amount  fonvarded,  together  with 
the  name  and  address  of  the  person,  firm,  company  or  corpo- 
ration to  whom  the  same  was  forwarded,  with  the  date  of  its  re- 
ceipt and  delivery, 

3.      TRANSPORTATION   COMPANY  RECEIVING  EXPLOSIVE  NOT  MARKED, 

was  then  and  there  a  transportation  company  and  did  then  and 
there  receive  (here  insert  "dynamite"  or  " nitro-chloride "  or 
" ")  which  was  then  and  there  an  explosive  com- 
pound, for  transportation,  without  said  explosive  compound  be- 
ing marked  (here  insert  "explosive"  or  "dangerous")  in  plain- 
ly legible  letters  on  the  outside  of  each  and  every  package  of 
said  compound, 

EXTORTION. 
The  statutory  provisions  on  this  subject  are  given  in  chapter 
38  of  Kurd's  R.  S.  of  1905,  p.  691.     They  are  contained  in  the 
following  act: 

An  act  to  revise  the  law  in  relation  to  criminal  jurispru- 
dence. Approved  March  27,  1874.  In  force  July  1.  1874.  R. 
S.  of  1874,  p.  352. 

The  penal  provision  in  question  is  found  in  paragraph  93, 
p.  691  of  Kurd's  R.  S.  of  1905. 

FORMS  OP  INFORMATION. 
(1.) 

did  then  and  there  (here  insert  "verbally"  or  "by  written 
communication"  or  "by  printed  communication")    maliciously 

threaten  to  accuse  one of  a  certain 

(here  insert  "crime"  or  "misdemeanor")  to-wit:  the  (here  in- 
sert "crime"  or  "misdemeanor")  of with  in- 
tent on  the  part  of  the  said to  extort  (here 


STATUTORY    MISDEMEANORS.  347 

insert  ' ' money  "  or  " goods"  or  ' ' chattels "  or  " ; . , 

then  and  there  a  valuable  thing")  to-wit from 

the  said 

(2.) 
did  then  and  there  (here  insert  "verbally"  or  "by  written  com- 
munication" or  "by     printed     communication")     maliciously 
threaten  to  (here  insert  "expose"  or  "publish")  certain  (here 

insert   "infirmities"   or   "failings"     of to-wit: 

(here  describe  the  infirmities  or  failings)   with  intent  on  the 

part  of  the  said to  extort  (here  insert  "money" 

or  "goods"  or  "chattels"  or  " then  and  there 

a  valuable  thing ")  to-wit : from  the  said 


(3.) 

did  then  and  there  (here  insert  "verbally"  or  "by  written  com- 
munication" or  "by  printed  communication")  maliciously 
threaten  to  (here  insert  "maim"  or  "wound"  or  "kill"  or 
'"murder"  or  "burn  the  house  of"  or  "destroy  the  house  of" 

or  "burn  the  property  of "  or  "destroy  the  property  of") 

with  intent  on  the  part  of  the  said to 

extort    (here   insert   "money"     or  "goods"  or     "chattels"  or 

" then  and  there  a  valuable  thing")  to-wit: 

from  the  said 

(4.) 
did  then  and  there  (here  insert  "verbally"  or  "by  written  com- 
munication" or  "by  printed  communication")  maliciously 
threaten  to  accuse  one of  a  certain  (here  in- 
sert "crime"  or  "misdemeanor")  to-wit:  the  (here  insert 
"crime"  or  "misdemeanor")  of 

(5.) 
did  then  and  there  (here  insert  "verbally"  or  "by  written  com- 
munication" or  "by     printed     communication")     maliciously 
threaten  to  (here  insert  "expose"  or  "publish")  certain  (here 

insert  "infirmities"  or  "failings")  of to-wit: 

(here  describe  infirmities  or  failings), 


348  PRACTICE   IN    THE   MUNICIPAL   COURT. 

(6.) 
did  then  and  there  (here  insert  "verbally"  or  "by  written 
communication"  or  "by  printed  communication")  maliciously 
threaten  to  (here  insert  "maim"  or  "wound"  or  "kill"  or 
"murder"  or  "burn  the  house  of"  or  "destroy  the  house  of" 
or   "burn   the   property   of"   or  "destroy   the   property   of") 


FALSE  ADVERTISEMENTS. 

The  statutory  provisions  on  this  subject  are  given  in  chapter 
38  of  Hurd's  R.  S.  of  1905,  pp.  692-3.  They  are  contained  in 
the  following  act: 

An  act  to  regulate  and  prohibit  sensational  or  false  adver- 
tisements in  newspapers  or  otherwise  and  providing  penalties  for 
the  violation  thereof.  Approved  June  11,  1897.  In  force  July 
1,  1897.    Laws  of  1897,  p.  204. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  102a 
and  1026,  pp.  692-3,  Hurd's  R.  S.  of  1905. 

FORMS  OF   COMPLAINT. 
(1.) 

was  then  and  there  engaged  in  the  business  of in 

the  State  of  Illinois,  and  did  then  and  there  (here  insert  "in- 
sert" or  "cause  to  be  inserted")   in  a  certain  newspaper,  to- 

wit : which  wa.s  then  and  there 

circulated  in  the  State  of  Illinois,  an     advertisement  wherein 

certain  goods  and  merchandise,  to-wit : were 

then  and  there  falsely  (here  insert  "represented"  or  "adver- 
tised") as  (here  insert  "stocks  damaged  by  (here  insert  "fire" 

or  "water"  or  " ")  or  "as  bankrupt 

.stocks"  or  "as  insolvent  stocks"  or  "as  sheriff's  sales"  or  "as 
constable's  sales"   or  "as  receiver's  sales"  or  "as   assignee's 

sales"  or  "as sales"  or  "as  being  offered  a& 

closing  out  sales"  or  "as  being  offered  as  sacrifice  sales"  or 
"as  being  of  greater  worth  than  the  selling  price  at  which  said 
goods  were  therein  offered  for  sale"  or  "as  being  of  greater 
value  than  the  selling  price  at  which  said  goods  were  offered 
for  sale"), 


STATUTORY    MISDEMEANORS.  349 

(2.) 

^^■as  then  and  there  engaged  in  the  business  of 

in  the  State  of  Illinois,  and  did  then  and  there  (here  insert  "dis- 
play" or  "exhibit")  a  certain  (here  insert  "sign"  or  "placard" 
or   "transparency")    wherein  and  whereby  certain  goods  and 

merchandise,  to-wit, were  then  and  there 

falsely  (here  insert  "represented"  or  "advertised")  as  (here 
insert  "stocks  damaged  by  (here  insert  "fire"  or  "water"  or 
" ")  "  or  "as  bankrupt  stocks"  or  "as  insolv- 
ent stocks"  or  "as  sheriff's  sales"  or  "as  constable's  sales"  or 

"as  receiver's  sales"  or  "as  assignee's  sales"  or  "as 

sales"  or  "as  being  offered  as  closing  out  sales"  or 

"as  being  offered  as  sacrifice  sales"  or  "as  being  of  greater 
value  than  the  selling  price  at  which  said  goods  were  therein 
offered  for  sale"  or  "as  being  of  greater  value  than  the  sell- 
ing price  at  which  said  goods  were  offered  for  sale"), 

(3.) 

was  then  and  there  engaged  in  the  business  of 

in  the  State  of  Illinois,  and  did  then  and  there  (here  insert  "dis- 
tribute" or  "cause  to  be  distributed")  certain  here  insert 
"hand-biUs"  or  "circulars"     or  "pamphlets")     wherein  and 

whereby  certain  goods  and  merchandise,  to-wit : 

were  then  and  there  falsely  (here  insert  "represented"  or  "ad- 
vertised") as  (here  insert  "stocks  damaged  by  (here  insert 
"fire"  or  "water"  or  " ") "  or  "as  bank- 
rupt stocks"  or  "as  insolvent  stocks"  or  "as  sheriff's  sales"  or 
"as  constables'  sales"  or  "as  receiver's  sales"  or  "as  assignee's 
sales"  or  "as sale"  or  "as  being  offered  as  clos- 
ing out  sales"  or  "as  being  offered  as  sacrifice  sales"  or  "as 
being  of  greater  worth  than  the  selling  price  at  which  said 
goods  were  therein  offered  for  sale"  or  "as  being  of  greater 
value  than  the  selling  price  at  which  said  goods  were  offered 
for  sale"), 

FALSE   IMPRISONMENT. 

The  statutory  provision  on  this  subject  are  given  in  chapter 
38  of  Kurd's  R.  S.  of  1905,  p.  691.  They  are  contained  in  the 
following  act : 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 


350  PRACTICE    IN    THE    MUNICIPAL    COURT. 

Approved  March  27,  1874.  In  force  July  1.  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provision  in  question  is  found  in  paragrapli  95,  p. 
691,  Kurd's  R.  S.  of  1905. 

FORM   OF  INFORMATION. 

did  then  and  there  unlawfully  violate  the  personal  liberty  of 
by  then  and  there  (here  insert  "con- 
fining" or  "detaining")  the  said with- 
out any  sufficient  legal  authority. 

FALSE  PRETENSES. 

The  statutory  provisions  on  this  subject  are  given  in  chapter 
38  of  Kurd's  R.  S.  of  1905,  pp.  691-2.  They  are  contained  in 
the  following  acts: 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of  1874, 
p.  352. 

Act  amendatory  of  the  foregoing  act.  See  Laws  of  1879,  p. 
115. 

The  penal  provisions  of  these  acts  are  found  in  paragraphs 
96,  97,  100,  101,  102  and  102i/o,  pp.  691-2,  Kurd's  R.  S.  of  1905. 

FORMS  OF  INFORMATION. 

1.      OBTAINING    MONEY    OR   PROPERTY   BY    FALSE    PRETENSES.      PAGE 

691,  PAR.  96. 

did  then  and  there  with  intent  to  then  and  there  cheat  and  de- 
fraud one falsely  pretend  that  (here  insert 

the  false  pretense)   to  induce  said to 

(here  insert  "loan"  or  "advance"  or  "deliver")  to  him  said 

(here  insert  whatever  was  obtained),  and  that 

said  (here  insert  name  of  the  person  defrauded)  believing  said 

false  representations  so  made  by  said , to  be 

true,  and  being  deceived  thereby,  was  induced  to  (here  insert 
"loan"   or  "advance"  or  "deliver")    and    did     (here    insert 

"loan"  or  "advance"  or  "deliver")  to 

(here  insert  whatever  was  obtained),  for  and  in  consid- 
eration of  (here  insert  the  consideration),  and  that  said 

then  and  there  fraudulently  (here  insert 


STATUTORY    MISDEMEANORS.  ^iol 

the  physical  act  done  by  defendant  to  obtain  money  or  pi-op- 

erty)  with  intent  then  and  there  to  cheat  and  defraud  said 

,  whereas  in  truth  and  in  fact  as  he,  the 

said ,  then  and  there  well  knew 

(here  insert  the  negative  of  the  false  pretense  above  set  forth), 

2.      OBTAINING    CREDIT   BY    FALSE   PRETENSES.      PAGE   691,   PAR.    97. 

wilfully  and  knowingly  did  falsely  represent  in  writing  signed 

by  hiui,  the  said that  he,  the  said 

was  then  solvent  and  worth  the  sum  of 

dollars  over  and  above  his  liabilities,  which  said  false  representa- 
tions in  writing  are  in  the  words  and  figures  following  (here  in- 
sert copy  of  the  writing)  and  Avere  then  and  there  made  by  the 

said for  the  purpose  of  inducing  the  said 

to  sell  to  him  the  said 

(here  insert  the  property  sold)  of  the  value  of 

dollars  of  goods  and  chattels  of  the  said on 

the  credit  of months,  and  the  said 

relying  upon  and  believing  the  said  representations  and  being 
deceived  thereby,  was  then  and  there  induced  by  reason  thereof 

to  sell  the  said  goods  and  chattels  to  the  said 

for  the  sum  of dollars  on  a  credit  of 

months,  and  the  said then  and 

there  by  the  said  false  representations  of  his  wealth,  signed  by 

the  said as  aforesaid,  unlawfully  did  obtain 

from  the  said a  credit  of months 

for  the  purchase  price  of  the  said  goods  and  chattels,  and  did 
then  and  there  buy  and  receive  the  said  goods  and  chattels  from 

the  said on  the  said  credit  to  be  paid  for 

by  said in months  from  the 

time  aforesaid,  whereas  in  truth  and  in  fact  he  the  said 

was  not  then  solvent  and  was  not  then 

worth  the  sum  of dollars  over  and  above  all 

of  his  liabilities,  nor  any  other  sum  of  money  as  he,  the  said 

so  falsely  represented,  but  on  the  con- 
trary the  said was  then  and  there  in- 
solvent and  not  worth  enough  to  pay  the  debts  of  him,  the  said 

,  or  any  part  of  them,  and  the  said 

at  the  time  he  so  falsely  made  the  representa- 


352  PRACTICE   IN    THE    MUNICIPAL   COURT. 

tions  aforesaid  then  and  there  well  knew  the  same  to  be  false, 

and  that  more  than mouths  have  elapsed  since 

the  i)urchase  of  said  goods  and  chattels  on  the  said  credit  as 

aforesaid,  and  yet  the  said has  not  paid 

the  said dollars  or  any  part  thereof,  and  was 

then,  and  ever  since  has  been,  and  now  is  fully  unable  so  to  do, 

and  the  said thereby  and  by  means 

of  his  said  false  representations  and  obtaining  the  said  credit  as 
aforesaid,  did  then  and  there  intentionally  and  unlawfully  de- 
fraud the  said of  said  goods  and  chat- 
tels, 

3.      SWINDLING  BY   CARDS.      PAGE   692,  PAR.    100. 

(1.) 

did  then  and  there  by  the  game  of  three  card  monte  so-called,  by 

the  use  of  cards,  fraudulently  obtain  from  one 

a  large  siun  of  money,  to-wit :  the  sum  of dol- 
lars of  the  value  of dollars  (not  to  exceed  fif- 
teen dollars). 

(2.) 

did  then  and  there  (here  insert  "by  the  game  of " 

or  "by  a  certain  device,  to-wit: "  or  "by  a 

slight  of  hand  performance"  or  "by  pretensions  to  fortune  tell- 
ing" or  "by  a  certain  trick")    by    (here  insert  "the  use  of 

cards"  or  "by  the  use  of  a  certain  implement,  to-wit: 

"  or  "  by  the  use  of  a  certain  instrument  or  instruments, 

to-wit: ")  fraudulently  obtain  from  one 

a  large  sum  of  money,  to-wit :  the  sum  of 

dollars, 

4.       SWINDLING    BY    FALSE    WEIGHTS    AND     MEASURES.      PAGE     692, 

PAR.   101. 

(1.) 

did  then  and  there  knowingly  sell  by  false  weights  (here  insert 
articles  sold)  to  one 

(2.) 
did   then   and   there   falsely   use   false  measures  at  a   certain 
mill  located  at in  taking  toll  for  grind- 
ing (here  insert  "corn"  or  "wheat"  or  "rye"  or  " "), 


STATUTORY   MISDEMEANORS.  353 

5.      FALSELY  ASSUMING  AN  OFFICE.      PAGE  692,  PAR.   102. 

did  then  and  there  falsely  (here  insert  "assume"  or  "pretend*'), 
to  be  (here  insert  "a  justice  of  the  peace"  or  "sheriff"  or 
"deputy  sheriff"  or  "coroner"  or  "constable"  or  "police  offi- 
cer" or  "watchman"  or  " ")  and  did  then 

and  there  take  upon  himself  to  act  as  such,  whereas  in  truth  and 

in  fact  he  the  said was  not  then  and  there 

n  (here  insert  "justice  of  the  peace"  or  "sheriff"  or  "deputy; 
sheriff"  or  "coroner"  or  "constable"  or  "police  officer"  or 
"watchman"  or  " "). 

(2.) 
did  then  and  there  falsely  (here  insert  "assume"  or  " pretend ")j 
to  be  a    (here  insert  "justice  of  the  peace"  or  "sheriff"  or 
"deputy  sheriff"  or  "coroner"  or  "constable"  or  "police  offi- 
cer" or  "watchman"  or  " ")  and  did  then 

and  there  require  one to  (here  insert  "aid" 

or  "assist")  him,  the  said in  a  certain 

matter  pertaining  To  the  duty  of  such  (here  insert  "justice  of 
the  peace"  or  "sheriff"  or  "deputy  sheriff"  or  "coroner"  or 

"constable"  or  "police  officer"  or  "watchman"  or  " 

"), 

FALSELY  PERSONATING  ANOTHER. 

The  statutory  provisions  on  this  subject  are  given  in  Chapter 
38  of  Kurd's  R.  S.  of  1905,  p.  693.  They  are  contained  in  the 
following  act: 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provisions  in  question  are  found  in  paragraph 
103,  p.  693,  Hurd's  R.  S.  of  1905. 

FORM   OF  INFORMATION. 

did  then  and  there  falsely  (here  insert  "personate"  or  "repre- 
sent")  one and  in  such  assumed  character 

as  said did  receive   (here  insert 

what  was  received)   which  said  property  was  then  and  there 
23 


354  PRACTICE    IN    THE    MUNICIPAL    COURT. 

intended  to  be  delivered  to  the  said 

Avith  intent  then  and  there  on  the  part  of  said 

to  convert  the  said  (here  insert  property  obtained)  then 

and  there  of  the  value  of dollars,  to 

the  use  of  him,  the  said ,  and  the  said 

(here  insert  name  of  the  State's  Attorney  or  informant)  causes 

the  court  to  be  informed  and  understand  that  the  said 

then  and  there  and  thereby  committed  the 

crime  of  larceny, 

FALSELY  STAMPING  CANNED  OR  PRESERVED  FOOD. 

The  statutory  provisions  on  this  subject  are  given  in  Chapter 
38  of  Kurd's  R.  S.  of  1905,  p.  693.  They  are  contained  in  the 
following  act: 

An  act  to  protect  the  public  from  imposition  in  relation  to 
ct^nned  or  preserved  food.  Approved  June  27,  1885.  In  force 
July  1,  1885.     Laws  of  1885,  p.  207. 

The  penal  provisions  in  question  are  found  in  paragraphs 
104a-104c,  p.  693,  Kurd's  R.  S.  of  1905.       ^ 

FORMS  OF  INFORMATION. 

1.      FALSELY    STAMPING    CANNED    OR   PRESERVED    FOOD.      PAGE     693, 

PAR.  104a. 

was  then  and  there  a(here  insert ' '  packer"  or  *  *  dealer")  in  (here 
insert  "preserved"  or  "canned  fruit"  or  "vegetables")  and 
did  then  and  there  offer  for  sale  certain  cans  of  (here  insert 

' '  preserved  fruits  "  or  "  vegetables  "  or  " which 

was  then  and  there  an  article  of  food")  and  said  cans  at  the  time 

the  said then  and  there  offered  them  for 

sale  did  not  then  and  there  bear  a  mark  to  indicate  (here  insert 
"grade"  or  "quality")  of  the  contents  of  said  cans,  together 
with  the  name  and  the  address  of  the  (here  insert  "firm"  or 
"person"  or  "corporation")  who  had  then  and  there  packed 
said  cans,  or  the  dealer  who  sold  said  cans, 

2.   FAILING  TO  BRAND  SOAKED  GOODS.   PAGE  693,  PAR.  104b. 

did  then  and  there  put  up  certain  soaked  goods,  to-wit : 

from  (here  insert  name  of  foreign  country)  which 

had  been  dried  before  canning  the  same,  and  did  not  then  and 


STATUTORY   MISDEMEANORS.  355 

there  plainly  brand  on  the  face  of  the  label  of  the  can  containing 
the  said  soaked  goods,  the  word  '  *  soaked ' '  in  letters  not  less  than 
one-half  inch  high  and  three-eighths  inch  wide  of  solid  and  legi- 
ble type, 

3.   FALSELY  STAMPING  OR  LABELLING  FOOD.   PAGE  693,  PAR.  104c. 

(1.) 

did  then  and  there  falsely  (here  insert  "stamp"  or  "label")  a 
certain  (here  insert  "can"  or  "jar")  containing  (here  insert 
' '  preserved  fruit "  or  " which  was  then  and  there 

food"), 

(2.) 
did  then  and  there  knowingly  permit  one 

to  falsely  (here  insert  "stamp"  or  "label")  a  certain  (here  in- 
sert "can"  or  "jar")  containing  (here  insert  "preserved  fruit" 
or  " which  was  then  and  there  food"), 

FEES. 

The  statutory  provisions  on  this  subject  are  given  in  Chapter 
53  of  Kurd's  R.  S.  of  1905,  pp.  1047-1077.  They  are  contained 
in  the  following  act : 

An  act  concerning  fees  and  salaries  and  to  classify  the  several 
counties  within  this  State  with  reference  thereto.  Approved 
March  29,  1872.  In  force  July  1,  1872.  Laws  of  1871-2,  p.  420. 
R.  S.  of  1874,  p.  521-522. 

The  penal  provisions  of  this  act  are  given  in  paragraph 
35,  p.  1064,  and  paragraph  51,  pp.  1068-9,  Hurd's  R.  S.  of  1905. 

FORMS  OF  INFORMATION. 
(1-) 

was  then  and  there an  officer  of  the  county  of 

Cook,  and  did  then  and  there  (here  insert  "fail"  or  "refuse") 

to  pay  over  to ,  who  was  then  and  there 

county  treasurer  of  Cook  county,  the  sum  of 

dollars,  which  said dollars  was  then  and  there 

a  sum  of  money  found  in  the  hands  of  said 

over  and  above  the  amount  then  and  there  due  said 

as  compensation  for  services,  stationery,  clerk  hire 

and  other  necessary  expenses,  and  which  said , 


356  PRACTICE   IN   TEffi   MUNICIPAL   COURT. 

dollars  was  the  amount  found  in  the  hands  of  said 

after  the  account  of  said had  been 

audited,  corrected  and  adjusted  by  the  board  of  commissioners 
for  Cook  county, 

(2.) 

was  then  and  there and  was  then  and 

there  an  officer  of  Cook  County,  and  did  then  and  there  know- 
ingly (here  insert  "demand"  or  "receive")  from  one 

,  who  (here  insert  the  matter  for  which  a  fee  was  to 

be  paid)   (here  insert  " dollars")  which  was  then 

and  there  a  fee  in  excess  of  the  fee  provided  for  by  law  for  said 
matter. 

FENCES. 

The  statutory  provisions  on  this  subject  are  given  in  Chapter 
54  of  Kurd's  R.  S.  of  1905,  pp.  1080-1081.  They  are  contained 
in  the  following  act : 

An  act  concerning  hedge  fences  along  the  public  highways  in 
this  State.  Approved  June  21,  1883.  In  force  July  1,  1883. 
Laws  of  18.83,  p.  99. 

The  penal  provisions  of  this  act  are  contained  in  paragraph 
24,  pp.  1080-1081,  Hurd's  R.  S.  of  1905. 

FORM  OP  COMPLAINT. 

was  then  and  there  the  owner  of  a  certain  hedge  fence  along  the 
line  of  a  certain  public  highway  in  the  State  of  Illinois,  to-wit: 

,  and  said  hedge  fence  had  then 

and  there  attained  the  age  of  eight  years,  and  the  said 

did  not  during  the  year  just  preceding  the  second 

day  of  October  (here  insert  "cut  back"  or  "trim")  the  said 
hedge  fence  to  a  height  not  to  exceed  five  feet, 

FERTILIZERS. 

The  statutory  provisions  on  this  subject  are  given  in  Chapter 
5  of  Hurd's  R.  S.  of  1905,  pp.  134-5.  They  are  contained  in  the 
following  acts : 

An  act  to  prevent  fraud  in  the  manufacture  and  sale  of  com- 
mercial fertilizers.  Approved  June  29,  1885.  In  force  July  1, 
1885.     Laws  of  1885,  p.  197. 


STATUTORY    MISDEMEANORS.  357 

An  act  amendatory  of  the  foregoing  act.  (See  Laws  of  1903, 
p.  5.) 

The  penal  provisions  of  these  acts  are  found  in  paragraphs 
37  and  38,  p.  134,  and  41  p.  135  of  Hurd's  R.  S.  of  1905. 

(forms  op  information  appear  under  the   heading   "agri- 
culture. ) 

FIRE  ESCAPES. 

The  statutory  provisions  on  this  subject  are  given  in  Chapter 
55a  of  Hurd's  R.  S.  of  1905,  pp.  1084-5.  They  are  contained  in 
the  following  act: 

An  Act  relating  to  fire  escapes.  Approved  and  in  force  April 
21,  1899.     Laws  of  1899,  p.  220. 

The  penal  provisions  of  this  act  are  found  in  paragraphs 
4  and  6,  p.  1085,  Hurd's  R.  S.  of  1905. 

form  of  complaint. 

was  the  owner  (or  "trustee"  or  "lessee"  or  "occupant")  of  the 
premises  known  as  (here  insert  description  of  premises)  and  was 

on  the.  . .  .day  of served  with  a  certain  notice,  a 

copy  of  which  said  notice  is  as  follows:  (here  set  forth  copy  of 

notice)  and  the  said did  not  within  thirty 

days  after  the  said day  of and  after 

said  notice  as  aforesaid  was  served  upon (here 

insert  "place"  or  "cause  to  be  placed")  a  fire  escape  upon  the 
building  then  and  there  located  upon  the  premises  known  as 


FISH. 

The  statutory  provisions  on  this  subject  are  given  in  Chapter 
56  of  Hurd's  R.  S.  of  1905,  pp.  1085-1092.  They  are  contained 
in  the  following  acts : 

An  act  to  encourage  the  propagation  and  cultivation  and  to 
secure  the  protection  of  fishes  in  all  the  waters  under  the  juris- 
diction of  the  State  of  Illinois.  Approved  June  11,  1897.  In 
force  July  1,  1897.     Laws  of  1897,  p.  224. 

Acts  amendatory  of  the  foregoing  acts.  See  Laws  of  1901,  p. 
209;  Laws  of  1903,  p.  202;  Laws  of  1905,  p.  271. 


358  PRACTICE   IN    THE   MUNICIPAL    COURT. 

The  penal  provisions  of  these  acts  are  found  in  paragraph  1, 
p.  1085,  paragraph  7,  p.  1088,  paragraph  15,  p.  1089,  paragraph 
166a,  p.  1090,  and  paragraph  16e,  p.  1091,  Kurd's  R.  S.  of  1905. 

An  act  to  regulate  fishing  in  Lake  Michigan  and  the  shipping 
of  fish  in  the  State  of  Illinois.  Approved  April  21,  1899.  In 
force  July  1,  1899.     Laws  of  1899,  p.  233. 

The  penal  provisions  of  this  act  are  found  in  paragraph  22, 
p.  1092,  Kurd's  R.  S.  of  1905. 

(forms  of  complaint  omitted.) 

FLAGS. 
The  statutory  provisions  on  this  subject  are  given  in  Chapter 
56a  of  Kurd's  R.  S.  of  1905,  p.  1093.     They  are  contained  in  the 
following  act: 

An  act  to  provide  for  placing  United  States  national  flags  on 
school  houses,  court  houses  and  other  public  buildings  in  this 
State  and  to  repeal  certain  acts  therein  named.  Approved  June 
2,  1897.     In  force  July  1,  1897.     Laws  of  1897,  p.  229. 

The  penal  provisions  of  this  act  are  found  in  paragraph 
5,  p.  1093,  Kurd's  R.  S.  of  1905. 

FORM   OF   complaint. 

did  then  and  there  wilfully  (here  insert  "injure"  or  "deface" 
or  "destroy")  a  certain  (here  insert  "flag"  or  "flag  staff"  or 
"pole"  or  "adjustment  attached  to  a  certain  flag"  or  "adjust- 
ment attached  to  a  certain  flag  staff"  or  "adjustment  attached 
to  a  certain  pole")  then  and  there  erected  and  arranged  under 
and  for  the  purpose  of  carrying  out  the  requirements  of  the 
act  entitled  (here  insert  title  of  above  act), 

FORGERY  AND  COUNTERFEITING. 

The  statutory  provisions  on  this  subject  are  given  in  Chapter 
38  of  Kurd's  R.  S.  of  1905,  p.  695.  They  are  contained  in  the 
following  act : 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  cf 
187'4,  p.  352. 

The  penal  provisions  in  question  are  found  in  paragraphs 
115  and  116,  p.  695,  Kurd's  R.  S.  of  1905. 


STATUTORY   MISDEMEANORS.  359 


FORMS   OF   COMPLAINT. 


(1.) 

did  then  and  there  knowingly  and  wilfully  (here  insert  "coun- 
terfeit" or  "cause  to  be  counterfeited")  a  certain  private  (here 
insert  "stamp"  or  "label"  or  "trade  mark")  then  and  there 

used  by who  was  then  and  there   (here  insert 

"a  merchant"  or  "manufacturer")  in  the  habit  of  selling  the 

goods  of  him,  the  said ,  with  intent  on  the 

part  of  the  said to  then  and  there  defraud 

the  said 

.    ^^-^ 
did  then  and  there  sell  certain  goods,  to-wit : 

which  then  and  there  contained  a  certain  counterfeit  (here  in- 
sert "stamp"  or  "label"  or  "trade  mark")  he,  the  said 

then   and   there   well  knowing   said    (here   insert 

"stamp"  or  "label"  or  "trade  mark")  to  be  counterfeited, 

FRAUDS. 

The  statutory  provisions  on  this  subject  are  given  in  Chapter 
38  of  Kurd's  E.  S.  of  1905,  pp.  695-6  and  pp.  752-3.  They  are 
contained  in  the  following  acts: 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1895, 
p.  155. 

The  penal  provisions  in  question  of  these  acts  are  found  in 
paragraphs  117  and  118,  pp.  695-6,  Kurd's  R.  S.  of  1905. 

FORMS   OF    COMPLAINT. 
1,      OBSTRUCTING   METERS.      PAGE  695,  PAR,   117, 

(1.) 

did  then  and  there  intend  to  (here  insert  "injure"  or  "de- 
fraud") a  certain  (here  insert  "Company"  or  "body  corpo- 
rate" or  "co-partnership"  or  "individual")  to-wit; 

and  did  then   and  there    (here  insert  "injure"  or 

"alter"  or  "obstruct"  or  "prevent")  the  action  of  a  certain 


360  PRACTICE   IN    THE   MUNICIPAL   COURT. 

meter,  to-wit:  a meter,  provided  for  the  purpose 

of  measuring  and  registering  the  quantity  of  (here  insert  "gas" 
or  "water"  or  "electric  current")  consumed  (here  insert  "by", 
or  "at")  a  certain  (here  insert  "burner"  or  "orifice"  or 
"place")  to-wit: 

(2.) 
did  then  and  there  intend  to   (here  insert  "injure"  or  "de- 
fraud")   a  certain    (here  insert  "company"  or  "body  corpo- 
rate" or  "co-partnership"  or  "individual")  to-wit: 

and  did  then   and  there    (here  insert  "injure"  or 

"alter"  or  "obstruct"  or  "prevent")  the  action  of  a  certain 

meter,  to-wit:  a meter,  provided  for  the  purpose 

of  measuring  and  registering  the  quantity  of  (here  insert  "gas" 
or  "water"  or  "electric  current")  supplied  to  a  certain  (here 
insert  "lamp"  or  "motor"  or  "machine"  or  "appliance"), 

(3.) 

did  then  and  there  (here  insert  "cause"  or  "procure")  one 

to  then  and  there  (here  insert  "injure"  or 

"alter"  or  "obstruct  the  action  of",  or  "prevent  the  action  of") 

a  certain  meter  located  at which  said  meter 

had  been  theretofore  provided  b}'' for  the 

purpose  of  measuring  and  registering  the  quantity  of  (here  in- 
sert "gas"  or  "water"  or  "electric  current")  consumed  (here 
insert  "by"  or  "at")  a  certain  (here  insert  "burner"  or  "ori- 
fice" or  "place")  to-wit:  the  (here  insert  "burner"  or  "ori- 
fice" or  "place")  then  and  there  located  at 

with  intent  then  and  there,  on  the  part  of  the  said 

; ,  to  then  and  there  (here  insert  "injure"  or  "defraud") 

who  was  then  and  there  a  (here  insert 

"company",  or  "body  corporate",  or  "co-partnership"  or  "in- 
dividual"), 

(4.) 
did  then  and  there  aid  in  (here  insert  "injuring",  or  "alter- 
ing", or  "obstructing  the  action  of",  or  "preventing  the  action 

of")  a  certain  meter  located  at ,  which 

said  meter  had  been  theretofore  provided  by 

for  the  purpose  of  measuring  and  registering  the  quantity  of 
(here  insert  "gas"  or  "water"   or  "electric   current")    con- 


STATUTORY    MISDEMEANORS.  361 

sumed  (here  insert  "by"  or  "at")  a  certain  (here  insert 
"burner"  or  "orifice"  or  "place"),  to-wit,  the  (here  insert 
"burner"  or  "orifice"  or  "place")  then  and  there  located  at 

,  with  intent  then  and  there  on  the  part 

of  the  said to  then  and  there  (here  insert 

"injure"  or  "defraud") ,  which  was 

then  and  there  a  (here  insert  "company",  or  "body  corporate" 
or  "co-partnership"  or  "individual"), 

(5.) 
did  then  and  there   (here  insert  "cause"  or  "procure")    one 

certain to  then  and  there  (here  insert 

"injure"  or  "alter"  or  "obstruct  the  action  of",  or  "prevent 

the  action  of")  a  certain  meter  located  at , 

which  said  meter  had  been  theretofore  provided  by 

,  for  the  purpose  of  measuring  and  registering  the 

quantity  of  (here  insert  "gas"  or  "water"  or  "electric  cur- 
rent") supplied  to  a  certain  (here  insert  "lamp",  or  "meter" 

or  "machine"  or  "appliance")  which  said was 

then  and  there  located  at ,  with  intent  on 

the  part  of  the  said to  then  and  there  (here 

insert  "injure"  or  "defraud")  one ,  which 

said was  then  and  there  a  (here  insert 

"company"  or  "body  corporate,"  or  "co-partnership,"  or  "in- 
dividual"), 

(6.) 

did  then  and  there  aid  one to  (here  insert 

"injure"  or  "alter"  or  "obstruct  the  action  of",  or  "prevent 

the  action  of")  a  certain  meter  located  at , 

which  said  meter  had  been  theretofore  provided  by 

,  for  the  purpose  of  measuring  and  registering  the 

quantity  of  (here  insert  "gas"  or  "water"  or  "electric  cur- 
rent") supplied  to  a  certain  (here  insert  "lamp"  or  "meter" 

or  "machine"  or  "appliance")  which  said 

was  then  and  there  located  at ,  with  in- 
tent on  the  part  of  the  said to  then  and 

there  (here  insert  "injure"  or  "defraud")  one 

,  which  said was  then  and  there  a 

(here  insert  "company"  or  "body  corporate"  or  "co-partner- 
ship" or  "individual"), 


362  PRACTICE   IN    THE   MUNICIPAL    COURT. 

(7.) 
did  then  and  there  (here  insert  "make"  or  "cause  to  be  made"), 
with  a  certain  (here  insert  "gas  pipe"  or  "water  pipe"  or 
"electrical  conductor")  a  certain  connection  for  the  purpose  of 
then  and  there  (here  insert  "conducting"  or  "supplying" 
(here  insert  "illuminating"  or  "inflammable")  (here  insert 
"gas"  or  "water"  or  "electric  current")  )  to  a  certain  (here 
insert  "burner"  or  "orifice"  or  "lamp"  or  "meter"  or  "ma- 
chine" or  "appliance")  from  which  said  (here  insert  "gas"  or 
"water"  or  "electricity")  might  then  and  there  be  (here  in- 
sert "consumed"  or  "utilized")  without  passing  through  or 
being  registered  by  meter,  or  without  the  consent  or  acquies- 
cence of then  and  there  a  (here  insert 

"municipal  corporation"  or  "body  corporate"  or  "co-partner- 
ship" or  "individual")  which  said was 

then  and  there  (here  insert  "furnished"  or  "transmitted")  to 
the  premises  on  which  said  connection  was  then  and  there  made 
through  said  (here  insert  "gas  pipe"  or  "water  pipe"  or  "elec- 
trical conductor"), 

2.   FRAUD  IN  THE  SALE  OF  LARD.   PAGE  752,  PAR.  480. 

did  then  and  there  (here  insert  "sell"  or  "deliver"  or  "pre- 
pare" or  "put  up"  or  "expose  or  offer  for  sale")  certain  (here 

insert  ' '  lard "  or  " ,  which  was  then  and  there  an 

article  intended  for  use  as  lard")  which  said 

did  then  and  there  contain  a  certain  ingredient  other 

than  the  pure  fat  of  healthy  swine,  to-wit, , 

in  a  certain  (here  insert  "tierce"  or  "bucket"  or  "pail"  or 
"package"    or   "vessel"    or    "wrapper"    or    "label"),    which 

said did  then  and  there  bear  the  words 

(here  insert  "pure"  or  "refined  family"  or  " ") 

and  said  (here  insert  "tierce"  or  "bucket"  or  "pail"  or  "pack- 
age" or  "vessel"  or  "wrapper"  or  "label"),  in  which  said 

was  then  and  there  (here  insert  "sold" 

or  "delivered"  or  "prepared"  or  "put  up"  or  "exposed  or 
offered  for  sale")  not  then  and  there  bearing  on  the  top  or  out- 
side thereof,  in  letters  not  less  than  one-half  inch  in  length,  the 
words,  plainly  exposed  to  view  (here  insert  "compound  lard" 
or  "lard  compound") 


STATUTORY    MISDEMEANORS.  363 

An  act  to  prevent  fraud  in  the  sale  of  lard,  and  to  provide 
punishment  for  the  violation  thereof.  Approved  June  3,  1889. 
In  force  July  1,  1889.     Laws  of  1889,  p.  111. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  480- 
482,  pp.  752-3,  Kurd's  R.  S.  of  1905. 

(forms  of  information  omitted.) 

FRAUDULENT  CONVEYANCES. 

The  statutory  provisions  on  this  subject  are  given  in  Chapter 
38  of  Kurd's  R.  S.  of  1905,  p.  697.  They  are  contained  in  the 
following  act: 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provision  in  question  is  found  in  paragraph  122, 
p.  697,  Kurd's  R.  S.  of  1905. 

(forms  of  information  omitted.) 

FRAUDULENTLY  PERSONATING   OFFICERS  OR  MEM- 
BERS OF  LODGE  OR  SOCIETY. 

The  statutory  provisions  on  this  subject  are  given  in  Chapter 
38  of  Kurd's  R.  S.  of  1905,  pp.  761-2.  They  are  contained  in 
the  following  acts: 

An  act  to  prohibit  personating  officers  or  members  of  any 
grand  or  subordinate  lodge  or  fraternal  society  chartered  or 
having  grand  or  subordinate  lodges  in  this  State,  and  to  pro- 
hibit wearing  or  using  the  insignia  or  badges  of  any  such  lodges 
or  societies  by  other  than  the  members  thereof.  Approved  May 
11,  1901.     In  force  July  1,  1901.     Laws  of  1901,  p.  146. 

The  penal  provisions  of  this  act  are  found  in  paragraphs 
536,  537  and  538,  pp.  761-2,  Kurd's  R.  S.  of  1905. 

(forms  of  complaint  omitted.) 

GAMBLING. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts : 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 


364  PRACTICE    IN    THE    MUNICIPAL    COURT. 

Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provisions   in  question  are  found  in  paragraphs 
126-130  and  132,  pp.  698-9,  Kurd's  R.  S.  of  1905,  Chapter  38. 

FORMS  OF  INFORMATION. 
1.      GAMBLING.      PAGE     698,     PAR.     126. 

(1.) 

did  unlawfully  play  for  money,  to-wit,  the  sum  of 

dollars  at  a  certain  game  with  (here  insert  "cards"  or  "dice" 

or  "checks"  or  "billiards"  or  "with ,  an 

article  that  might  be  used  for  the  purpose  of  playing  or  bet- 
ting upon,  or  winning  or  losing  money,  or  any  other  thing  or 
article  of  value "  or  "  with ,  an  instru- 
ment which  might  be  used  for  the  purpose  of  playing  or  bet- 
ting upon,  or  winning  or  losing  money,  or  any  other  thing  or 

article  of  value"  or  " ,  a  thing  which  might 

be  used  for  the  purpose  of  playing  or  betting  upon,  or  winning 
or  losing  money,  or  any  other  thing  or  article  of  value"), 

(2.) 
did  unlawfully  bet  a  certain  (here  insert  "sum  of  money,  to-wit: 
dollars, "  or  "  valuable  thing,  to- 
wit: ")  on  a  certain  game  with  (here  in- 
sert "cards,"  or  "dice,"  or  "checks,"  or  "billiards")  which 
said  game  was  then  and  there  being  played  by  and  between  one 
and   one 

2.      KEEPING  A  GAMBLING  HOUSE.      PAGE  698,  PAR.   127. 

(1.) 

did  then  and  there  unlawfully  keep  a  common  gaming  house, 

(2.) 
did  then  and  there  in  a  certain   (here  insert  "building,"  or 
"booth,"  or  "yard,"  or  "garden,"  or  "boat,"  or  "float")  by 

him,  the  said ,  then  and  there  used  and 

occupied  then  and  there  (here  insert  "procure"  or  "permit") 
divers  persons  (here  insert  "to  frequent"  or  "to  come  togeth- 
er") for  the  purpose  of  playing  for  (here  insert  "money"  or 


I 


STATUTORY    MISDEMEANORS.  365 

,  which  was  then  and  there  a  valuable 

thing")  at  a  certain  game,  to-wit : 

(3.) 

did  then  and  there  in  the  premises  known  as 

(here  insert  **keep,"  or  "suffer  to  be  kept")  certain  (here  insert 
"tables"  or  "apparatus")  for  the  purpose  of  playing  at  a  cer- 
tain (here  insert  "game,"  or  "sport"),  to-wit: ,  for 

(here  insert  "money, "  or  " ,  which  was  then 

and  there  a  valuable  thing"), 

3.      GAMING  IN  TAVERN.      PAGE  698,  PAR.   128. 
(1.) 

was  then  and  there  a  (here  insert  "tavern  keeper,"  "common 

victualer, "  or  " ")  and  did  then  and 

there  unlawfully  (here  insert  "keep  or  suffer  to  be  kept")  in 
the  premises  known  as which  prem- 
ises were  then  and  there  occupied  by  him,  said , 

certain  implements  such  as  are  used  in  gaming,  to-wit : 

in  order  that  the  said might 

for  (here  insert  "hire,"  "gain"  or  "reward,")  be  used  for  the 
purpose  of  amusement, 

(2.) 
was  then  and  there  (here  insert  "a  tavern  keeper,"  "a  common 

victualer,"  or  " ")  and  did  then  and  there 

(here  insert  "keep"  or  "suffer  to  be  kept")   in  the  premises 

known  as which  said  premises  were  then  and 

there  occupied  by  him,  the  said ,  and  did 

then  and  there  suffer  a  certain  implement  such  as  is  usually  used 
in  gambling  to  be  used  upon  a  certain  part  of  said  premises  for 

the  purpose  of  gaming  for  (here  insert  "money,"  or  " 

"), 

(3.) 
was  then  and  there  a  (here  insert  "tavern  keeper,"  "common 

victualer,"  or  " ")  and  did  then  and  there  in 

the  premises  known  as ,  which  said  prem- 
ises were  then  and  there  occupied  by  him,  said 

suffer  and  permit  divers  persons  to  play  at  a  certain  un- 
lawful (here  insert  "game,"  or  "sport,")  in  said  premises,  to- 


366  PRACTICE   IN    THE   MUNICIPAL   COURT. 

wit,  the  (here  insert  what  the  game  or  sport  was)  of. 


4.      DECOYING  PERSONS   TO  VISIT   PLACES  WHERE   GAMBLING   IS   CAR- 
RIED  ON.      PAGE   698,   PAR.    129. 

then  and  there  unlawfully  through  (here  insert  "invitation"  or 
"device")  prevailed  upon  one to  visit  a  cer- 
tain    (here    insert    "room,"    "building,"    "booth,"    "yard," 

"garden,"  "boat"  or  "float")  which  said 

was  then  and  there  kept  for  the  purpose  of  (here  insert  "gam- 
bling," "prostitution,"  or  "fornication"), 

5.      GAMBLING  IN   GRAIN,  ETC.      PAGE    698,  PAR.    130. 

then  and  there  unlawfully  did  contract  with  one 

to  then  and  there  give  to  the  said an  option 

to  (here  insert  "sell,"  or  "buy")  (here  insert  the  amount)  of 
(here  insert  the  kind  of  grain  or  other  commodity,  including 
stock  of  any  railroad  or  other  company,  or  coal)  for  the  sum  of 

dollars,  at  a  future  time,  to-wit,  on 

the day  of A.  D , 

An  act  to  suppress  bucketshops  and  gambling  in  stocks,  bonds, 
petroleum,  cotton,  grain,  provisions  or  other  produce.  Approved 
June  6,  1887.     In  force  July  1,  1887.     Laws  of  1887,  p.  96. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  137a, 
1376  and  137d,  pp.  700-701,  Hurd's  R.  S.  of  1905,  Chapter  38. 

FORMS  OF  INFORMATION. 

1.      KEEPING  A  BUCKET  SHOP.      PAGE  700,  PAR.   137a. 

(1.) 

did  then  and  there  unlawfully  (here  insert  "keep"  or  "cause  to 
be  kept")    within  the  State  of  Illinois  a  certain   (here  insert 

"bucket  shop,"  "office,"  "store"  or  " " 

wherein  there  was  then  and  there  (here  insert  "conducted,"  or 
"permitted")  the  pretended  (here  insert  "buying,"  or  "sell- 
ing") of  (here  insert  "shares  of  stock,"  "bonds  of 

company,"  "petroleum,"  "cotton,"  "grain,"  "provisions,"  or 

*' ")  without  there  being  then  and  there  any 

intention  of  receiving  and  paying  for  the  property  so  bought  or 
of  delivering  the  property  so  sold. 


STATUTORY    MISDEMEANORS.  367 

(2.) 
did  then  and  there  unlawfully  (here  insert  "keep"  or  "cause  to 
be  kept")    within  the  State  of  Illinois  a  certain   (here  insert 

"bucket  shop,"  "office,"  "store,"  or  " ")  in 

which  said there  was  then  and  there   (here 

insert  "conducted,"  or  "permitted,")  the  pretended  buying  or 
selling  of  (here  insert  the  shares  of  stock  of  corporations,  the 
bonds  of  corporation,  petroleum,  cotton,  grain,  provisions,  or 
)  on  margins, 

2.      OWNING   PROPERTY   WHERE   ILLEGAL   ACTS  ARE  OMITTED.      PAGE 

701,  PAR.  ISld. 

was  then  and  there  (here  insert  "the  owner  of,"  or  "had  the 
care  of,"  or  "had  the  possession  of")  a  certain  (here  insert 
"building,"  "house,"  "out-house,"  "booth,"  "arbor,"  or 
"erection,")  in  the  city  of  Chicago,  county  of  Cook  and  State  of 

Illinois,  known  as number on 

street,  and  did  then  and  there  permit  a  certain  illegal  act,  to- 
wit:  (here  insert  the  violation  complained  of)  in  said 


An  act  to  prohibit  book-making  and  pool  selling.  Approved 
May  31,  1887.     In  force  July  1,  1887.     Laws  of  1887,  p.  955. 

The  penal  provisions  of  this  act  are  found  in  paragraph  137e, 
p.  701,  Hurd's  R.  S.  of  1905,  Chapter  38. 

FORMS   OP    INFORMATION. 
1.      MAKING   BOOKS  AND   SELLING  POOLS. 

did  then  and  there  unlawfully  keep  a  certain  (here  insert 
"room,"  "shed,"  "tenement,"  "tent,"  "booth,"  "building," 
* '  part  of  room, "  "  part  of  shed, "  "  part  of  tenement, "  "  part  of 
tent,"  "part  of  booth,"  "part  of  building,"  with  a  certain 
(here  insert  "book,"  "instrument,"  or  "device,"  for  the  pur- 
pose of  (here  insert  "recording,"  or  "registering,"  (here  in- 
sert "bets"  or  "wagers"), 

(2.) 
did  then  and  there  (here  insert  "record,"  or  "register,")  a  cer- 
tain (here  insert  "bet,"  or  "wager,")  upon  the  result  of  a  cer- 


368  PRACTICE    IN    THE    MUNICIP.Ui    COURT. 

tain  (here  insert  "trial,"  or  "test,")  of  (here  insert  "skill,'* 
"speed,"  or  "power  of  endurance,")  of  a  certain  (here  insert 
"man"  or  "beast,")  to-wit: 

(3.) 
did  then  and  there  unlawfully  (here  insert  "record,"  or  "regis- 
ter,") a  certain  (here  insert  "bet,"  or  "wager,")  upon  the  re- 
sult  of   a   certain   political    (here   insert   "nomination,"   "ap- 
pointment, "  or  " election, ")  to-wit : 

(4.) 
did  then  and  there  unlawfully  sell  pools  upon  the  result  of  a 
certain  trial  or  test  of  (here  insert  "skill,"  "speed,"  or  "power 
of  endurance,")  of  a  certain  (here  insert  "man,"  or  "beast,") 
to-wit : 

(5.) 
was  then  and  there  the  (here  insert  "lessee,"  or  "occupant,") 
of  a  certain  (here  insert  "room,"  "shed,"  "tenement,"  "tent," 
"booth,"  "building,"  "part  of  room,"  "part  of  shed,"  "part  of 
tenement,"  "part  of  booth,"  "part  of  building,")  and  did  then 

and  there  knowingly  permit  the  said to  be  then 

and  there  (here  insert  "used,"  or  "occupied,")  for  the  purpose 
of  (here  insert  "recording,"  or  "registering,")  bets  or  wagers 
and  selling  pools  upon  the  result  of  a  certain  political  (here  in- 
sert ' '  nomination, "  "  appointment, "  or  "  election ' ' )  to-wit .... 

(6.) 
was  then  and  there  (here  insert  "the  owner,"  "the  lessee,"  or 
"the  occupant,")  of  a  certain  (here  insert  "room,"  "shed," 
' '  tenement, "  "  tent, "  or  "  building, "  or  "  part  of  room, "  or  "  part 
of  shed,"  or  "part  of  tenement,"  or  "part  of  tent,"  or  "part 
of  booth,"  or  "part  of  building,")  and  did  therein  (here  insert 
"keep,"  "exhibit,"  or  "employ,")  a  certain  (here  insert  "de- 
vice," or  "apparatus,")  for  the  purpose  of  (here  insert  "regis- 
tering") (here  insert  "bets,"  or  "wagers,")  upon  the  result  of  a 
(here  insert  "trial,"  or  "test,")  of  (here  insert  "skill," 
"speed,"  or  "power  of  endurance,")  of  a  certain  (here  insert 
"man,"  or  "beast")  to-wit 


STATUTORY    MISDEMEANORS.  369 

(7.) 
was  then  and  there  (here  insert  "the  owner,"  "the  lessee,"  or 
"the  occupant,")  of  a  certain  (here  insert  "room,"  "shed," 
' '  tenement, "  " tent,  "or  " building, " or  " part  of  room, "  or  " part 
of  shed,"  or  "part  of  tenement,"  or  "part  of  tent,"  or  "part 
of  booth,"  or  "part  of  building,")  and  did  therein  (here  insert 
"keep,"  "exhibit,"  or  "employ")  a  certain  (here  insert  "de- 
vice," or  "apparatus,")  for  the  purpose  of  selling  pools 
upon  the  result  of  a  (here  insert  "trial,"  or  "test,")  of  (here  in- 
sert "skill,"  "speed,"  or  "power  of  endurance")  of  a  certain 
(here  insert  "man,"  or  "beast")  to-wit, 

(8.) 
was  then  and  there  (here  insert  "the  owner,"  "the  lessee,"  or 
"the  occupant,")  of  a  certain  (here  insert  "room,"  "shed," 
"tenement,"  "tent,"  or  "building,"  or  "part  of  room,"  or 
"part  of  shed,"  or  "part  of  tenement,"  or  "part  of  tent,"  or 
"part  of  booth,"  or  "part  of  building,")  and  did  therein  (here 
insert  "keep,"  "exhibit,"  or  "employ")  a  certain  (here  insert 
"device,"  or  "apparatus,")  for  the  purpose  of  selling  pools 
hpon  the  result  of  a  certain  political  (here  insert  "nomination," 
"appointment,"  or  "election")  to-wit, 

(9.) 
did  then  and  there  become  the  (here  insert  "custodian,"  or  "de- 
pository,") for  (here  insert  "hire,"  or  "privilege,")  of  certain 
(here   insert  "money,"   "property,"   or  "thing  of  value,   to- 

Avit : ")  which  had  then  and  there  been 

(here  insert  "staked,"  "wagered,"  or  "pledged,")  upon  the 
result  of  (here  insert  "a  trial,"  or  "a  test")  of  ("skill," 
"speed,"  or  "power  of  endurance,")  of  a  certain  (here  insert 

"man,"  or  "beast,")  to-wit: (or  "upon  the 

result  of  a  certain  political  (here  insert  'nomination,'  'appoint- 
ment, '  or  '  election ' ) , " 

An  act  to  prohibit  the  use  of  clock,  tape,  slot  or  other  machines 
or  devices  for  gambling  purposes.  Approved  and  in  force  June 
21,  1895.     Laws  of  1895,  p.  156. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  137/. 
137fir  and  1377t,  p.  701,  Kurd's  R.  S.  of  1905,  Chapter  38. 
24 


o70  PRACTICE    IN    THE    MUNICIPAL    COURT, 

1.      OPERATING   CLOCK,   TAPE,    SLOT    OR   OTHER   MACHINES  OR  OTHER 
DEVICES   FOR   GAMBLING   PURPOSES.      PAGE  701,   PAR.    IS?/. 

(1.) 

did  then  and  there  in  a  certain  (here  insert  "room,"  "saloon," 
"inn,"  "tavern,"  "shed,"  "booth,"  "building,"  "enclosure," 
"part  of  a  room,"  "part  of  a  saloon,"  "part  of  an  inn,"  "part 
of  a  tavern,"  "part  of  a  shed,"  "part  of  a  booth,"  "part  of  a 
building,"  "part  of  an  enclosure,")  (here  insert  "operate," 
"keep,"  "own,"  "rent,"  "use,")  a  certain  (here  insert  "clock," 

"joker,"  "slot  machine,"  " "  which  was  then 

and  there  a  device  upon  which  money  was  then  and  there  haz- 
arded), 

(2.) 
did  then  and  there  in  a  certain  (here  insert  "room,"  "saloon," 
"inn,"  "tavern,"  "shed,"  "booth,"  "building,"  "enclosure," 
"part  of  room,"  "part  of  saloon,"  "part  of  inn,"  "part  of  a 
tavern, "  "  part  of  a  shed, "  "  part  of  a  booth, "  "  part  of  a  build- 
ing, "  "  part  of  an  enclosure, " )  ( here  insert  ' '  operate, "  "  keep, '  * 
"own,"  "rent,"  "use,")  a  certain  device  in  which  money  was 
then  and  there  (here  insert  "paid,"  or  "pledged,")  upon  (here 
insert  "the  chance,"  or  "the  result,")  of  the  action  on  which 
money  was  then  and  there  (here  insert  "staked,"  "bet,"  "haz- 
arded," "won,"  or  "lost"), 

2.      HAVING    IN    POSSESSION.      PAGE    701,    PAR.    1378. 

was  then  and  there  the  (here  insert  "owner,"  "occupant,"  "les- 
see," "mortgagee,"  or  " ")  of  certain  premises, 

to-wit : upon  which  said  premises  there 

was  then  and  there  located  a  certain  gambling  device,  to-wit : .  . 


GAME. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  for  the  protection  of  game,  wild  fowl  and  birds,  and 
to  repeal  certain  acts  relating  thereto.  Approved  May  28,  1903. 
In  force  July  1,  1903.     Laws  of  1903,  p.  206. 


STATUTORY    MISDEMEANORS.  371 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1905, 
p.  273. 

The  penal  provisions  of  these  acts  are  found  in  paragraphs 
]  to  10,  pp.  1108-1111,  and  paragraphs  25  to  31,  pp.  1114-1116, 
Kurd's  E.  S.  of  1905,  Chapter  61. 

(forms  op  information  omitted.) 

GENERAL  ASSE]\IBLY. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  act  to  revise  the  law  in  relation  to  the  General  Assembly. 
Approved  and  in  force  February  25,  1874.  R.  S.  of  1874,  p.  555. 

The  penal  provision  of  this  act  is  found  in  paragraph  12,  p. 
1126,  Kurd's  R.  S.  of  1905,  Chapter  63. 

(form  of  complaint  omitted.) 

GRAVES,  GRAVEYARDS  AND  CEMETERIES. 

'I'he  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provisions  of  this  act  are  found  in  paragraph  139, 
p.  702,  Kurd's  R.  S.  of  1905,  Chapter  38. 

FORMS  OF  information. 
(1.) 

did  then  and  there  willfully  and  maliciously  (here  insert  "in- 
jure," "deface,"  "remove,"  or  "destroy,")  a  certain  (here  in- 
sert "vault,"  "tomb,"  "monument,"  "gravestone,"  or  " 

")  which  was  then  and  there  a  memorial  of  the  dead, 

(2.) 
did  then  and  there  wilfully  and  maliciously  (here  insert  "in- 
jure," "deface,"  "remove,"  "destroy,")  a  certain  (here  in- 
sert "fence,"  or  "enclosure,")  about  a  certain  (here  insert 
"cemetery,"  or  "place  of  burial  of  the  dead,")  which  said. . .  . 
was  then  and  there  located  at 


372  PRACTICE   IN   THE   MUNICIPAL   COURT. 

(3.) 
did  then  and  there  wilfully  (here  insert  "cut,"  ''break,"  "re- 
move," or  "injure,")  a  certain  (here  insert  "tree,"  "shrub," 

or  "plant")  within  a  certain  enclosure,  to-wit, 

which  was  then  and  there  a  (here  insert  "cemetery,"  or  "place 
of  burial  of  the  dead,"). 

(4.) 
did  then  and  there  maliciously  disturb  the  contents  of  a  certain, 
(here  insert  "vault,"  "tomb,"  or  "grave,")  to-wit: , 


HABEAS  COKPUS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  to  revise  the  law  in  relation  to  habeas  corpus.  Ap- 
proved March  2,  1874.     In  force  July  1,  1874.     R.  S.  of  1874. 

The  penal  provisions  of  the  act  are  contained  in  paragraph  30, 
p.  1140,  Kurd's  R.  S.  of  1905,  Chapter  65. 

(forms   of   information   OMITTED.) 

HAZING. 
The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  defining  hazing,  making  the  same  a  misdemeanor  and 
fixing  the  punishment  thereof.  Approved  May  10,  1901.  In 
force  July  1,  1901.     Laws  of  1901,  p.  145. 

The  penal  provisions  in  question  are  found  in  paragraphs 
534-535,  p.  761,  Kurd's  R.  S.  of  1905,  Chapter  38. 

(forms  OF   INFORMATION   OMITTED.) 
ICE. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1883, 
p.  76. 


STATUTORY  MISDEMEANORS.  373 

The  penal  provisions  of  these  acts  are  found  in  paragraph 
272a,  p.  730,  Kurd's  R.  S.  of  1905,  Chapter  38. 

(forms  of  information  omitted.) 

IMMORAL  NEWSPAPERS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  act  to  suppress  selling,  lending,  giving  away  or  showing 
to  any  minor  child  any  paper  or  publication  principally  devoted 
to  illustrating  or  describing  immoral  deeds.  Approved  June  3, 
1889.     In  force  July  1,  1889.     Laws  of  1889,  p.  114. 

The  penal  provisions  of  this  act  are  found  in  paragraph  485, 
p.  753  of  Kurd's  R.  S.  of  1905,  Chapter  38. 

FORMS  OF  INFORMATION. 

1.  SELLING     IMMORAL     PUBLICATIONS      TO     MINORS.  PAGE    753, 

PAR.    483. 

did  then  and  there  unlawfully  (here  insert  "sell,"  "lend," 
"give  away,"  or  "show,"  or  "have  in  his  possession  with  in- 
tent to  sell,"  or  "have  in  his  possession  with  intent  to  give 
away,"  or  "have  in  his  possession  with  intent  to  show,"  or 
"have  in  his  possession  with  intent  to  advertise,"  or  "offer  for 
loan,"  or  "offer  for  gift,"  or  "offer  for  distribution,")  to  one 

who  was  then  and  there  a  minor  child, 

a    certain     (here    insert    "book,"    "pamphlet,"    "magazine," 

"newspaper,"  "story  paper,"  or  " ")  then  and 

there  devoted  to  the  publication  of  (here  insert  "criminal 
news,"  or  "police  reports  of  accounts  of  criminal  deeds"  or  "pic- 
tures and  stories  of  deeds  of  bloodshed,  lust  or  crime") 

2.  EXHIBITING  PUBLICATION  CONTAINING  POLICE  NEWS,  ETC.    PAGE 

753,  PAR.  484. 

(1.) 

did  then  and  there  unlawfully  exhibit  upon  a  certain  (here  in- 
sert "street,"  or  "highway,")  to-wit, street 

(here  insert  "a  book,"  "a  pamphlet,"  "a  magazine,"  "a  news- 
paper," "story  paper,"  or  " ")  then  and  there  de- 
voted to  the  publication  of  (here  insert  "criminal  news,"  "po- 


37-1  PRACTICE    IN    THE    MUNICIPAL    COURT. 

lice  reports  of  accounts  of  criminal  deeds''  or  "pictures  and 
stories  of  deeds  of  bloodshed,  lust  or  crime"), 

(2.) 
did  then  and  there  unlawfully  exhibit  in  a  certain  place,  to-\vit 

which  was  then  and  there  within  the 

view  of  a  certain  minor  child,  to-wit (here 

insert  ' '  a  book, "  "  a  pamphlet, "  "  a  magazine, "  "  a  newspaper, ' ' 

"story  paper,"  or  " ")  then  and  there  devoted 

to  the  publication  of  (here  insert  "criminal  news,"  "police  re- 
ports of  accounts  of  criminal  deeds"  or  "pictures  and  stories  of 
deeds  of  bloodshed,  lust  or  crime"), 

3.      GIVING    AWAY     OR    SELLING    TO     MINORS    SUCH    PUBLICATIONS. 
PAGE  753,   PAR.    485. 

(1.) 

did  then  and  there  unlawfully  (here  insert  "hire,"  "use,"  or 

"employ,")  one who  was  then  and  there  a 

minor  child  to  (here  insert  "sell,"  "give  away,"  or  "distrib- 
ute,") certain  (here  insert  "books,"  "pamphlets,"  "maga- 
zines," "news  papers,"  "story  papers,"  or  " ") 

then  and  there  devoted  to  the  publication  of  (here  insert  "crim- 
inal news,"  "police  reports  of  accounts  of  criminal  deeds"  or 
"pictures  and  stories  of  deeds  of  bloodshed,  lust  and  crime") 

(2.) 
did  then  and  there  have  the  (here  insert  "care,"  "custody,"  or 

' '  control, " )  of who  was  then  and 

there  a  minor  child,  and  did  then  and  there  permit  said 

to  then  and  there  (here  insert  "sell," 

"give  away,"  or  "distribute,")  certain  (here  insert  "books," 
"pamphlets,"  "magazines,"  "news  papers,"  "story  papers,"  or 
" ")  then  and  there  devoted  to  the  publi- 
cation of  (here  insert  "criminal  news,"  or  "police  reports  of  ac- 
counts of  criminal  deeds"  or  "pictures  and  stories  of  deeds  of 
bloodshed,  lust  and  crime.") 

INSURANCE. 
The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  to  prevent  fire  insurance  companies  from  advertising 


I 


STATUTORY    MISDEMEANORS.  375 

as  assets  anything  not  available  for  the  payment  of  losses  by  fire. 
Approved  May  31,  1879.  In  force  July  1,  1879.  Laws  of  1879, 
p.  180. 

The  penal  provisions  of  this  act  are  found  in  paragraph  24, 
p.  1167,  Hurd's  R.  S.  of  1905,  Chapter  73. 

(forms  of  information  omitted.) 

An  act  to  correct  certain  abuses  and  prevent  unjust  discrimi- 
nations of  and  by  life  insurance  companies  doing  business  in  this 
state,  between  insurants  of  the  same  class  and  equal  expectation 
of  life,  in  the  rates,  amount  or  payment  of  premiums,  in  the 
return  of  premiums,  dividends,  rebates  or  other  benefits.  Ap- 
proved June  19,  1891.  In  force  July  1,  1891.  Laws  of  1891, 
p.  148. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  28- 
29,  pp.  1167-1168,  Hurd's  R.  S.  of  1905,  Chapter  73. 

(forms  of  information  omitted.) 

An  act  for  the  better  regulation  of  the  business  of  insurance, 
and  for  the  protection  of  the  citizens  of  this  State  in  their  deal- 
ings with  insurance  companies.  Approved  June  4,  1879.  In 
force  July  1,  1879.     Laws  of  1879,  p.  182. 

The  penal  provisions  of  this  act  are  found  in  paragraph  34, 
p.  1169,  Hurd's  R.  S.  of  1905,  Chapter  73. 

(forms  of  information  omitted.) 

An  act  to  govern  foreign  fire,  marine  and  inland  navigation 
insurance  companies  doing  business  in  the  State  of  Illinois.  Ap- 
proved June  18,  1883.  In  force  July  1,  1883.  Laws  of  1883, 
p.  101. 

The  penal  provisions  of  this  act  are  found  in  paragraph  40, 
pp.  1170-1171,  Hurd's  R.  S.  of  1905,  Chapter  73. 

(forms  of  information  omitted.) 

An  act  providing  a  penalty  for  a  violation  of  section  30  of 
an  act  entitled  "An  Act  to  incorporate  and  govern  fire,  marine 
and  inland  navigation  insurance  companies  doing  business  in 
the  State  of  Illinois,"  approved  and  in  force  March  11,  1869. 
Approved  June  22,  1893.  In  force  July  1,  1893.  Laws  of  1893, 
p.  100. 


376  PRACTICE   IN    THE   MUNICIPAL    COURT. 

The  penal  provisions  of  this  act  are  found  in  paragraph  40, 
pp.  1172-3,  Kurd's  R.  S.  of  1905,  Chapter  73. 

(forms  op  INFORMATION  OMITTED.) 

An  act  to  incorporate  and  govern  fire,  marine  and  inland 
navigation  insurance  companies  doing  business  in  the  State  of 
Illinois.  Approved  and  in  force  March  11,  1869.  Laws  of  1869, 
p.  209. 

Acts  amendatory  of  the  foregoing  acts.  See  Laws  of  1877, 
p.  122;  Laws  of  1879,  p.  179;  Laws  of  1881,  p.  99;  Laws  of 
1889,  p.  179;  Laws  of  1891,  p.  146;  Laws  of  1897,  p.  240;  Laws 
of  1899,  p.  246;  Laws  of  1903,  p.  220. 

The  penal  provisions  of  these  acts  are  found  in  paragraph  67, 
pp.  1178-1180,  paragraph  68,  pp.  1180-1181,  paragraph  72,  p. 
1183,  and  paragraph  76,  p.  1185,  of  Hurd's  R.  S.  of  1905,  Chap- 
ter 73. 

(forms  of  INFORMATION  OMITTED.) 

An  act  to  organize  and  regulate  the  business  of  life  insurance. 
Approved  March  25,  1869.  In  force  July  1,  1869.  Laws  of 
1869,  p.  229. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1887, 
p.  202. 

The  penal  provisions  of  these  acts  are  found  in  paragraphs 
189  and  190,  p.  1206,  and  paragraph  204,  p.  1208,  Hurd's  R.  S. 
of  1905,  Chapter  73. 

(forms  of  INFORMATION  OMITTED.) 

An  act  to  incorporate  and  to  govern  accident  life  insurance 
companies  doing  business  in  the  State  of  Illinois.  Approved 
June  7,  1889.     In  force  July  1,  1889.     Laws  of  1889,  p.  169. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  220, 
221,  222  and  223,  p.  1213,  Hurd's  R.  S.  of  1905,  Chapter  73. 

(forms   of   INFORMATION   OMITTED.) 

An  act  to  incorporate  companies  to  do  the  business  of  life  or 
accident  insurance  on  the  assessment  plan  and  to  control  such 
companies  of  this  St^e  and  of  other  states  doing  business  in 
this  State,  and  to  repeal  a  certain  act  therein  named,  and  pro- 


STATUTORY   MISDEMEANORS.  377 

viding  and  fixing  the  punishment  for  violation  of  the  provisions 
thereof.  Approved  June  22,  1893.  In  force  July  1,  1893. 
Laws  of  1893,  p.  117. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  253 
and  255,  pp.  1221-2,  Hurd's  R.  S.  of  1905,  Chapter  73. 

(forms  of  information  omitted.) 

An  act  to  provide  for  the  organization  and  management  of 
fraternal  beneficiary  societies  for  the  purpose  of  furnishing  life 
indemnity  or  pecuniary  benefits  to  beneficiaries  of  deceased 
members  or  accident  or  permanent  indemnity  disability  to  mem- 
bers thereof;  and  to  control  such  societies  ©f  this  State  and  of 
other  states  doing  business  in  this  State,  and  providing  and  fix- 
ing the  punishment  for  violation  of  the  provisions  thereof  and 
to  repeal  all  laws  now  existing  which  conflict  herewith.  Ap- 
proved and  in  force  June  22,  1893.     Laws  of  1893,  p.  130. 

Acts  amendatory  of  the  foregoing  act.  See  Laws  of  1895, 
p.  190;  Laws  of  1897,  p.  237;  Laws  of  1901,  p.  222;  Laws  of 
1905,  p.  291. 

The  penal  provisions  of  these  acts  are  found  in  paragraphs 
268-270,  pp.  1226-7,  Hurd's  R.  S.  of  1905,  Chapter  73. 

(forms  op  information  omitted.) 

An  act  to  regulate  and  control  the  investment  and  safe  keep- 
ing of  the  reserve  funds  of  fraternal  beneficiary  societies  and  to 
enable  such  societies  to  deposit  their  reserve  fund  securities  in 
the  custody  of  the  State  of  Illinois,  and  to  provide  for  the  regis- 
try thereof  and  provide  compensation  therefor,  and  providing  a 
penalty  for  the  violation  thereof.  Approved  May  14,  1903.  In 
force  July  1,  1903.     Laws  of  1903,  p.  218. 

The  penal  provisions  of  this  act  are  found  in  paragraph  212g, 
p.  1228,  Hurd's  R.  S.  of  1905,  Chapter  73. 

(forms  of  information  omitted.) 

An  act  to  incorporate  companies  to  do  the  business  of  burglary 
and  casualty  insurance  on  the  mutual  plan,  and  to  control  such 
companies  of  this  State  and  of  other  states  and  foreign  govern- 
ments doing  business  in  this  State.  Approved  April  24,  1899. 
In  force  July  1,  1899.     Laws  of  1899,  p.  232. 


378  PRACTICE    IN    THE    MUNICIPAL    COURT. 

The  penal  provisions  of  this  act  are  found  in  paragraph  295, 
p.  1236,  Kurd's  R.  S.  of  1905. 

(forms  op  information  omitted.) 

An  act  to  provide  for  and  regulate  the  business  of  guarantee- 
ing titles  to  real  estate  by  corporations.  Approved  May  13, 
1901.     In  force  July  1,  1901.     Laws  of  1901,  p.  128. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  302 
and  307,  pp.  1237-1238,  Kurd's  R.  S.  of  1905,  Chapter  73. 
(forms  of  information  omitted.) 

INTIMIDATION. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provisions  in  question  are  found  in  paragraphs  158, 
159,  160  and  165,  pp.  704-5,  Kurd's  R.  S.  of  1905,  Chapter  38. 

FORMS  OF  INFORMATION. 
(1.) 

did  then  and  there  combine  for  the  purpose  of  depriving  one 

who  was  then  and  there  the  (here  insert 

"oT\Tier,"  or  "possessor,")  of  certain  property,  to-wit: 

of  the  lawful  use  and  management  of  said 

property, 

(2.) 
did  then  and  there  combine  for  the  purpose  of  preventing  by 

(here  insert  "threats,"  "suggestions  of  danger,"  or  " 

")  one from  then  and  there 

being  employed  by who  was  then  and  there 

the  (here  insert  "owner,"  or  "possessor,")  of  certain  property 

to-wit on  such  terms  as  he  the  said 

and  he  the  said then  and  there 

might  agree  upon, 

(3.) 
did  then  and  there  by  (here  insert  "threats,"  "intimidation," 
or  "unlawful  interference,")  seek  to  prevent  one 


STATUTORY   MISDEMEANORS.  379 

from   (here  insert  "working,"  or  "from  obtaining 

work,")  at  a  certain  lawful  business,  to-wit: 

on  such  terms  as  he,  the  said then 

and  there  might  see  fit, 

(4.) 
did  then  and  there  enter  a  certain   (here  insert  "coal  bank," 
"mine,"  "shaft,"  "manufactory  building,"  or  "premises,")  of 

one with  intent  to  then  and  there  commit 

a  certain  injury  to  said  premises, 

(5.) 
did  then  and  there  enter  a  (here  insert  "coal  bank,"  "mine," 
^' shaft,"  "manufactory  building,"  or  "premises,")  of  one.... 

with  intent  to  cause  one 

who  was  a  person  then  and  there  employed  therein,  by  means  of 
(here  insert  "threats,"  "intimidation,"  "riotous  doings,"  or 
** ")  to  leave  his  said  employ, 

JAILS  AND  JAILERS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  to  revise  the  law  in  relation  to  jails  and  jailers.  Ap- 
proved March  3,  1874.  In  force  July  1,  1874.  R.  S.  of  1874, 
p.  616. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  16- 
23,  p.  1251,  Kurd's  R.  S.  of  1905,  Chapter  75. 

(forms  of  information  OMITTED.) 

LARCENY. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

An  act  to  amend  the  criminal  code,  to  change  the  punishment 
of  persons  convicted  of  the  crime  of  petit  larceny  and  misde- 
meanors and  to  repeal  an  act  entitled  ' '  An  Act  to  amend  section 
168  of  an  act  entitled  *An  Act  to  revise  the  law  in  relation  to 


380  PRACTICE    IN    TUE    MUNICIPAL    COURT. 

criminal  jurisprudence,'  approved  March  27,  1874,  in  force  July 
1,  1874,"  approved  April  10,  1877,  and  in  force  July  1,  1877. 
Approved  May  28,  1879.  In  force  July  1,  1879.  Laws  of  1879^ 
p.  117. 

An  act  providing  for  the  punishment  of  bailees  for  fraudu- 
lently taking  or  converting  property  bailed  and  relating  to  in- 
dictments therefor.  Approved  June  19,  1891.  In  force  July  1, 
1891.     Laws  of  1891,  p.  100. 

The  penal  provisions  of  these  acts  are  found  in  paragraphs 
167-168C,  and  170-175,  pp.  706-7  Kurd's  R.  S.  of  1905,  Chap- 
ter 38. 

FORMS  OF  INFORMATION. 
1.      LARCENY.      PAGE    706,    PAR.    167. 

did  feloniously  steal,  take  and  carry  away  (here  insert  descrip- 
tion of  property)  of  the  value  of dollars  of  the 

personal  goods  of  one 

2.      LARCENY   BY  BAILEE.      PAGE  707,  PAR.   170A. 

(Same  form  as  last  preceding.) 

3.      LARCENY    OF    BEASTS    AND    BIRDS    FERAE    NATURAE.      PAGE    707, 

PAR.   171. 

without  the  consent  of  one who  was  then 

and  there  the  owner  of  a  certain  (here  insert  "beast,"  or  "bird," 
mentioning  it  by  name)  which  w^as  then  and  there  ordinarily 
kept  in  a  state  of  confinement,  with  felonious  intent  did  then  and 
there  the  said  (here  insert  the  name  of  the  beast  or  bird  taken) 

of  the  value  of Dollars,  steal,  take  and 

carry  away, 

4.      LARCENY   OF   LEAD  PIPE.      PAGE   707,   PAR.    173. 

without  the  consent  of  one who  was  then. 

and  there  the  owner  of  certain  (here  insert  " 

pounds  of  lead  pipe,"  " faucets,"  "  . . . . 

stop  cocks,")  of  the  value  of did  feloni- 
ously steal,  take  and  carry  away  from  a  certain   (here  insert 

"dwelling  house,"  or  " building,")  known  as. . .  . 

said  (here  insert  "lead  pipe,"  "faucets,"  or  "stop 


STATUTORY   MISDEMEANORS.  381 

cocks,")  which  were  then  and  there  the  property  of  said 

and  were  then  and  there  of  the  value  of 

dollars, 

LIBEL. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provisions  in  question  are  found  in  paragraphs  177- 
179,  p.  707  Kurd's  R.  S.  of  1905,  Chapter  38. 

FORM   OP  INFORMATION. 

did  then  and  there  unlawfully  and  maliciously  write,  print  and 
publish  a  certain  false,  scandalous,  malicious,  and  defamatory 

libel  of  and  concerning  one which  said  libel 

was  and  is  as  follows:  (here  set  forth  the  libellous  words  com- 
plained of  with  innuendoes)  ;  which  said  libel  was  then  and 
there  intended  to  impeach  the  honesty,  integrity,  virtue  and  rep- 
utation of  the  said and  then  and  there  to 

expose  him,  the  said ,  .to  public  hatred,  con- 
tempt and  ridicule, 

LIBRARIES. 

The  statutory  provisions  on  this  subject  are  'contained  in  the 
following  acts : 

An  act  to  enable  boards  of  directors  of  public  libraries  to 
borrow  money  for  the  erection  and  improvement  of  library 
buildings  or  to  purchase  library  sites.  Approved  May  18,  1905. 
In  force  July  1,  1905.     Laws  of  1905,  p.  313. 

The  penal  provisions  of  this  act  are  found  in  paragraph  39, 
p.  1310  of  Kurd's  R.  S.  of  1905,  Chapter  81. 

An  act  to  provide  for  the  formation  and  disbursement  of  a 
public  library  employes'  pension  fund  in  cities  having  a  popula- 
tion exceeding  100,000  inhabitants.  Approved  May  12,  1905. 
In  force  July  1,  1905.     Laws  of  1905,  p.  309. 

The  penal  provisions  of  this  act  are  found  in  paragraph  56, 
pp.  1314-1315,  Kurd's  R.  S.  of  1905,  Chapter  81. 

(forms  of  INFORMATION  OMITTED.) 


382  PRACTICE   IN    THE   MUNICIPAL    COURT. 

LIENS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  a«t  to  revise  the  law  in  relation  to  mechanics'  liens.  To 
whom,  what  for  and  when  lien  is  given;  who  is  a  contractor;  area 
covered  by  and  extent  of  lien ;  when  the  lien  attaches.  Ap- 
proved May  18,  1903.  In  force  July  1,  1903.  Laws  of  1903, 
p.  230. 

The  penal  provisions  of  this  act  are  found  in  paragraph  50, 
p.  1328,  Kurd's  R.  S.  of  1905,  Chapter  82. 

(forms  of  information  omitted.) 

LOTTERIES  AND  LOTTERY  POLICIES. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874..  R.  S.  of 
1874,  p.  352. 

The  penal  provisions  in  question  are  found  in  paragraphs 
180-185,  pp.  707-8,  Hurd's  R.  S.  of  1905,  Chapter  38. 

forms  of  information. 
1.    setting  up  lotteries,    page  707,  par.  180. 

(1.) 

did  then  and  there  unlawfully  set  up  a  lottery  for  money, 

(2.) 
did  then  and  there  promote  a  lottery  for  money, 

(3.) 

did  then  and  there  dispose  of  certain  property,  to-wit, 

of  the  value  of  to-wit, 

dollars  by  way  of  a  lottery, 

(4.) 
did  then  and  there  under  pretence  of  a   (here  insert  "sale,'* 

"gift,"  or  "delivery,")  of  certain  property  to-wit, 

(or  "a  certain  right,"  or  "a  certain  privi- 
lege,")   did  then  and  there   (here  insert  "dispose  of,"  "offer 


STATUTORY   MISDEMEANORS.  383 

to  dispose  of,"  or  "attempt  to  dispose  of,")  certain  (here  in- 
sert "real,"  or  "personal,")  property,  to-wit 

with  intent  then  and  there  to  make  the  disposal 

of  said  property  (here  insert  "dependent  upon,"  or  "connected 
with,")    a  certain  chance  by   (here  insert  "dice,"  "a  clock," 

"numbers,"  "a  game,"  "hazard,"  or  " which 

was  then  and  there  a  gambling  device")  whereby  the  said  (here 
insert  "chance,"  or  "device,")  was  then  and  there  made  an 
additional  inducement  to  the  disposal  (or  "sale")  of  said  prop- 
erty, 

(5.) 
did  then  and  there  aid  by  (here  insert  "printing,"  or  "writ- 
ing,")  in   (here  insert  "setting  up,"  "managing,"  or  "draw- 
ing,") a  certain  lottery, 

2.      PERMITTING   LOTTERIES.      PAGE    708,    PAR.    181. 
(1.) 

did  then  and  there  in  a  cei'tain  (here  insert  "house,"  "shop," 
or  "building,")  then  and  there  (here  insert  "owned,"  or  "oc- 
cupied") by  (or  "under  the  control  of")  one 

knowingly  permit  the  setting  up,  managing  and  drawing  of  a 
lottery, 

(2.) 
did  then  and  there  in  a  certain  (here  insert  "house,"  "shop," 
or  "building,")  then  and  there  (here  insert  "owned,"  or  "oc- 
cupied") by  (or  "under  the  control  of")  one 

knowingly  permit  the   (here  insert  "disposal"  or  "attempted 

disposal")  of  certain  property,  to-wit : 

under  the  pretence  of  a  (here  insert  "sale,"  "gift,"  or  "deliv- 
ery,") of  certain  other  (here  insert  "property,"  "right,"  or 
"privilege,")  with  intent  to  make  the  disposal  of  said  property 
(here  insert  "dependent  upon,"  or  "connected  with,")  a  cer- 
tain chance  by    (here  insert  "dice,"  "a  clock,"  "numbers," 

' '  a  game, "  "  hazard, "  or  " which  was  then  and 

there  a  gambling  device")  whereby  said  (here  insert  "chance," 
or  "device,")  was  then  and  there  made  an  additional  induce- 
ment to  the  (here  insert  "disposal,"  or  "sale,")  of  said  prop- 
erty 


384  PRACTICE    IN    THE   MUNICIPAL    COURT. 

(3.) 
did  then  and  there  in  a  certain  (here  insert  "house,"  "shop,'* 
or  "buildiiic:,")  then  and  there  (here  insert  "owned,"  or  "oc- 

eupied,")  by  (or  "under  the  control  of")  one 

knowingly  permit  the  sale  of  a  certain  (here  insert  "lottery 
ticket,"  or  "share  of  a  lottery  ticket,"  or  "a  certain  written 

certificate,"  "bill,"  "token,"  or  " which 

was  then  and  there  a  device")  then  and  there  (here  insert  "pur- 
porting," or  "intended,")  to  entitle  the  holder,  buyer  or  any 
person  to  a  (here  insert  "prize,"  or  "share  of  a  prize,"  or  "in- 
terest in  a  prize,")  to  be  drawn  in  a  certain  lottery, 

(4.) 
did  then  and  there  in  a  certain  (here  insert  "house,"  "shop," 
or  "building,")  then  and  there  (here  insert  "owned,"  or  "oc- 
cupied,") by  (or  "under  the  control  of")  one 

knowingly  suffer  (here  insert  " dollare,"  or  " 

")  to  be  raffled  for  in  said  (here  insert  "house," 

"shop,"  or  "building"), 

(5.) 
did  then  and  there  in  a  certain  (here  insert  "house,"  "shop," 
or  "building,")  then  and  there  (here  insert  "owned,"  or  "oc- 
cupied") by  (or  "under  the  control  of")  one 

knowingly  suffer  (here  insert  " dollars, ' '  or 

" ")  to  be  won  by  (here  insert  "throw- 
ing," or  "using,")  dice, 

(6.1 
did  then  and  there  in  a  certain  (here  insert  "house,"  "shop," 
or  "building,")  then  and  there  (here  insert  "owned,"  or  "oc- 
cupied,") by  (or  "under  the  control  of")  one 

knowingly  suffer  (here  insert  " dollars,"  or 

" ")  to  be  won  by  a  certain  game  of  chance, 

to-wit, 

An  act  for  the  prevention  of  policy  playing.  Approved  April 
29,  1905.     In  force  July  1,  1905.     Laws  of  1905,  p.  192. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  185a 
to  185c,  pp.  708  to  709,  Kurd's  R.  S.  of  1905,  Chapter  38. 

(forms  of  information  OMITTED.) 


STATUTORY   MISDEMEANORS.  385 


LUNATICS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  aet  to  revise  the  law  in  relation  to  the  commitment  and 
detention  of  lunatics  and  to  provide  fpr  the  appointment  and 
removal  of  conservators,  and  to  repeal  certain  acts  therein 
named.  Approved  June  31,  1893.  In  force  July  1,  1893. 
Laws  of  1893,  p.  140. 

An  act  amendatory  of  the  foregoing  aet.  See  Laws  of  1903, 
p.  245. 

The  penal  provisions  of  these  acts  are  found  in  paragraph  28, 
p.  1343,  Kurd's  E.  S.  of  1905,  Chapter  85. 

(forms  of  information  omitted.) 

An  act  to  require  superintendents  of  hospitals  for  the  insane 
to  make  reports  to  the  county  clerks  of  the  various  counties  of 
this  State.  Approved  June  8,  1887.  In  force  July  1,  1887. 
Laws  of  1887,  p.  100. 

The  penal  provisions  of  this  act  are  found  in  paragraph  41, 
p.  1345,  Kurd's  R.  S.  of  1905,  Chapter  85. 

(forms  of  information  omitted.) 

MALICIOUS  MISCHIEF. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  to  revise  the  law  in  relation  to  crirainai  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  B.  S.  of 
1874,  p.  352. 

Acts  amendatory  of  the  foregoing  act.  See  Law  of  1883,  p. 
75 ;  Laws  of  1891,  p.  102. 

The  penal  provisions  of  these  acts  are  found  in  paragraplis 
191-193,  195-197,  198-202,  204  and  205,  pp.  710-712,  Kurd's  R. 
S.  of  1905,  Chapter  38. 


386  PRACTICE   IN    THE  MUNICIPAL   COURT. 


FORMS  OF  INFORMATION. 

1.      RAILROAD     ENGINEERS     KILLING.      ETC.,     ANIMALS.      PAGE     710. 

PAR.   191. 

(1.) 

was  then  and  there  an  engineer  (or  whatever  the  person  was) 
and  then  and  there  had  charge  of  and  was  then  and  there  run- 
ning a  certain  railroad  (here  insert  "engine,"  or  "locomotive,") 
and  did  then  and  there  unlawfully  (here  insert  "wilfully,"  or 
"unnecessarily,")  (here  insert  "kill,"  "wound,"  or  "disfig- 
ure,") a  certain  (here  insert  "horse,"  "cow,"  "mule,"  "hog," 

or  " then  and  there  a  useful  animal")  of  the 

value  of dollars,  which  said 

was  then  and  there  the  property  of 

(2.) 
was  then  and  there  an  engineer  and  did  then  and  there  have 
charge  of  and  was  running  a  certain  railroad  engine  and  did 
then  and  there  (here  insert  "wantonly,"  or  "unnecessarily,") 
blow  the  whistle  of  said  engine  and  did  thereby  frighten  a  cer- 
tain team  then  and  there  the  property  of 

2.   INJURING  OR  DESTROYING  BAGGAGE.   PAGE  711,  PAR.  193. 

was  then  and  there  a  (here  insert  "baggage  master,"  "express 

agent,"  "stage  driver,"  "hackman,"  or  " ")  and 

was  then  and  there  employed  by and  it  was 

then  and  there  the  duty  of  said to  then  and  there 

(here  insert  "handle,"  "remove,"  or  "take  care  of  trunks, 
valises,  boxes,  packages  and  parcels,  while  loading,  transporting, 
unloading,  delivering  or  storing  the  said  boxes")  and  did  then 
and  there  (here  insert  "wantonly,"  or  "recklessly,")  (here  in- 
sert "injure,"  or  "destroy,")  one  (here  insert  "trunk,"  "va- 
ILse,"  "box,"  "package,"  or  "parcel"), 

3.      INJURING  JAILS.      PAGE  711,  PAR.  195. 

did  then  and  there  wilfully  and  maliciously  (here  insert  "break 
down,"  "destroy,"  or  "by injure,")  a  cer- 
tain (here  insert  "public  jail,  to-wit,  the  jail  located  at 


STATUTORY  MISDEMEANORS.  387 

"  or  ' * ")  which  was  then  and 

there  a  place  of  confinement  of  offenders), 

4,      INJURING   PUBLIC   BUILDINGS,   ETC.      PAGE   711,   PAR.    196. 

did  then  and  there  maliciously  and  wilfully  and  without  cause 

(here  insert  "deface,"  " "  or  "injure,")  a 

certain  (here  insert  "school  house,"  "church,"  or  " ") 

then  and  there  a  building  erected  and  used  for  the  purpose  of 
education  or a  building  then  and  there  erected 

An  act  to  punish  persons  for  removing  waste  lubricated  pack- 
ing or  other  material  from  the  journal  boxes  of  engines,  tires  or 
cars  without  authority.  Approved  June  11,  1897.  In  force 
eluly  1,  1897.    Laws  of  1897,  p.  203. 

Th<',  penal  provisions  of  this  act  are  contained  in  paragraph 
186a,  p.  710,  Kurd's  R.  S.  of  1905,  Chapter  38. 

(forms  of  INFORMATION  OMITTED.) 

MARKS  AND  BRANDS. 
The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provisions  of  this  act  are  found  in  paragraph  206, 
p.  713,  Kurd's  R.  S.  of  1905,  Chapter  38. 

(forms  of  INFORMATION  OMITTED.) 

MARRIAGES. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts : 

An  act  to  revise  the  law  in  relation  to  marriages.  Approved 
February  27,  1874.  In  force  July  1,  1874.  R.  S.  of  1874, 
p.  694. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1905, 
p.  317. 

The  penal  provisions  of  these  acts  are  contained  in  paragraph 
13,  p.  1354,  Kurd's  R.  S.  of  1905,  Chapter  89. 

(forms  of  complaint  OMITTED.) 


388  PRACTICE    IN    THE    MUNICIPAL    COURT. 

MEDICINE  AND  SURGERY. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts : 

An  act  to  promote  the  science  of  medicine  and  surgery  in  the 
State  of  Illinois.  Approved  June  26,  1885.  In  force  July  1, 
1885.     Laws  of  1885,  p.  211. 

The  penal  provisions  of  this  act  are  found  in  paragraph  3, 
pp.  1358-9,  Kurd's  R.  S.  of  1905,  Chapter  91. 

(forms  of  INFORMATION  OMITTED.) 

An  act  to  reg-ulate  the  practice  of  medicine  in  the  State  of 
Illinois  and  to  repeal  an  act  therein  named.  Approved  April  24, 
1899.     In  force  July  1,  1899.     Laws  of  1899,  p.  273. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  13 
and  14,  p.  1361,  Kurd's  R.  S.  of  1905,  Chapter  91. 

An  act  to  prohibit  physicians  from  practicing  medicine  in  the 
name  of  another  physician  or  by  holding  themselves  out  as  other 
physicians  for  the  purpose  of  imposing  upon  or  defrauding  any 
other  person  in  this  state.  Approved  May  11,  1901.  In  force 
July  1,  1901.     Laws  of  1901,  p.  237. 

The  penal  provisions  of  this  act  are  contained  in  paragraphs 
18  and  18a,  p.  1361  of  Kurd's  R.  S.  of  1905,  Chapter  91. 

(forms  of  INFORMATION  OMITTED.) 

An  act  to  regulate  the  practice  of  pharmacy  in  the  State  of 
Illinois,  to  make  an  appropriation  therefor  and  to  repeal  certain 
acts  therein  named.  Approved  May  11,  1901.  In  force  July  1, 
1901.     Laws  of  1901,  p.  238. 

An  act  amendatoiy  of  the  foregoing  act.  See  Laws  of  1903, 
p.  248. 

The  penal  provisions  of  these  acts  are  found  in  paragraphs  20, 
30,  31,  326  and  33,  pp.  1362-1366,  Kurd's  R.  S.  of  1905,  Chap- 
ter 91. 

(forms  of  COMPLAINT  OMITTED.) 

An  act  to  regulate  the  practice  of  dental  surgery  and  den- 
tistry in  the  State  of  Illinois  and  to  repeal  an  act  therein  named. 
Approved  May  18,  1905.  In  force  July  1,  1905.  Laws  of  1905, 
p.  319. 


STATUTORY   MISDEMEANORS.  389 

The  penal  provisions  of  this  act  are  found  in  paragraph  44a, 
p.  1368,  Kurd's  R.  S.  of  1905,  Chapter  91. 

(forms  of  complaint  omitted.) 

An  act  to  regulate  the  practice  of  veterinary  medicine  and 
surgeiy  in  the  State  of  Illinois.  Approved  April  24,  1899.  In 
force  July  1,  1899.     Laws  of  1899,  p.  277. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1903, 
p.  6. 

The  penal  provisions  of  these  acts  are  found  in  paragraph  54, 
pp.  1371-2,  Hurd's  R.  S.  of  1905,  Chapter  91. 

(forms  of  complaint  omitted.) 

MINES  AND  MINERS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  to  revise  the  laws  in  relation  to  coal  mines  and  sub- 
jects relating  thereto,  and  providing  for  the  health  and  safety 
of  persons  employed  therein.  Approved  April  18,  1899.  In 
force  July  1,  1899.     Laws  of  1899,  p.  300. 

Acts  amendatory  of  the  foregoing  acts.  See  Laws  of  1905,  pp. 
324,  325,  326,  329  and  330. 

The  penal  provisions  of  these  acts  are  found  in  paragraph  33, 
pp.  1393-4,  Hurd's  R.  S.  of  1905,  Chapter  93. 

(forms  of  information  omitted.) 

An  act  to  prohibit  the  use  of  certain  oils  in  coal  mines  and 
penalties  for  infractions  of  same.  Approved  April  30,  1895. 
In  force  July  1,  1895.     Laws  of  1895,  p.  256. 

The  penal  provisions  of  this  act  are  found  in  jiaragraph  36,  p. 
1395,  Hurd's  R.  S.  of  1905,  Chapter  93. 

Cforms  of  information  omitted.) 

An  act  to  require  owners  and  operators  of  coal  mines  to  pro- 
vide eveiy  coal  mine  with  wash  rooms  for  the  use  of  miners 
therein  employed.  Approved  May  14,  1903.  In  force  July  1, 
1903.     Laws  of  1003.  v.  252. 


390  PRACTICE   IN    TILE   MUNICIPAL    COURT. 

The  penal  pi-ovisions  of  this  act  are  found  in  para^-aph  38,  p. 

1395,  Kurd's  R.  S.  of  1905,  Chapter  93. 

(forms  of  INFORMATION  OMITTED.) 

An  act  concerning  the  use  of  powder  in  coal  mines.  Ap- 
proved and  in  force  May  14,  1903.     Laws  of  1903,  p.  252. 

The  penal  provisions  of  this  act  are  found  in  paragraph  42,  p. 

1396,  Kurd's  R.  S.  of  1905,  Chapter  93. 

(forms  OF  INFORMATION  OMITTED.) 

An  act  providing  that  operators  of  mines  shall  furnish  shot 
firers  in  mines  where  shooting  and  blasting  is  done.  Approved 
May  18,  1905.     In  force  July  1,  1905.     Laws  of  1905,  p.  328. 

The  penal  provisions  of  this  act  are  found  in  paragraph 
47,  pp.  1396-7,  Kurd's  R.  S.  of  1905,  Chapter  93. 

An  act  in  relation  to  sinking,  filling  and  operating  of  oil  or  gas 
wells.  Approved  and  in  force  May  16,  1905.  Laws  of  1905, 
p.  32. 

The  penal  provisions  of  this  act  are  found  in  paragraph 
51,  p.  1398,  Kurd's  R.  S.  of  1905,  Chapter  93. 

An  act  to  revise  the  law  in  relation  to  mines.  Approved 
March  27,  1874.  In  force  July  1,  1874.  R.  S.  of  1874,  pp. 
1398-9. 

The  penal  provisions  of  this  act  are  found  in  paragraph 
12,  p.  1399,  Kurd's  R.  S.  of  1905,  Chapter  94. 

(forms  of  INFORMATION  OMITTED.) 

MISCONDUCT  OF  OFFICERS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts : 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1877, 
p.  87. 

The  penal  provisions  of  these  acts  are  found  in  paragraph 


STATUTORY   MISDEMEANORS.  391 

208,  p.  713,  and  paragraphs  209-213,  pp.  714-715,  and  paragraph 
218,  p.  716,  Kurd's  R.  S.  of  1905,  Chapter  38. 

(forms  of  information  omitted.) 

An  act  to  punish  fraud  or  extravagance  in  the  expenditures  of 
moneys  appropriated  for  public  improvements.  Approved  May 
28,  1877.     In  force  July  1,  1877.     Laws  of  1877,  p.  92. 

The   penal  provisions  of  this  act   are  found  in  paragraphs 
208a  and  208&,  pp.  713-714,  Kurd's  R.  S.  of  1905,  Chapter  38. 
(forms  op  information  omitted.) 

MISDEMEANORS  NOT  ESPECIALLY  PROVIDED  FOR. 

The  statutory  provisions  on  this  subject  axe  contained  in  the 
following  act : 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provisions  of  this  act  are  found  in  paragraph 
278,  p.  731,  Kurd's  R.  S.  of  1905,  Chapter  38. 

(forms  of  information  omitted.) 

NAMES. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provisions  in  question  are  found  in  pai-agraph  220, 
p.  716,  Kurd's  R.  S.  of  1905,  Chapter  38. 

(forms  of  complaint  omitted.) 

NUISANCES. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 


392  PRACTICE    IN    THE   MUNICIPAL    COURT. 

The  penal  provisions  in  question  are  found  in  paragraphs  221- 
222,  p.  716-717,  Kurd's  R.  S.  of  1905,  Chapter  38. 

(forms  op  information  OMITTED.) 

OBSCENE  PUBLICATIONS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1905,  p.  352. 

The  penal  provisions  in  question  are  contained  in  paragraplis 
223-224,  p.  717,  Kurd's  R.  S.  of  1905,  Chapter  38. 

(forms  of  complaint  OMITTED.) 

OFFICERS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  to  require  officers  having  in  their  custody  public  funds 
to  prepare  and  publish  an  annual  statement  of  the  receipt  and 
disbursements  of  such  funds.  Approved  May  30,  1881.  In  force 
July  1,  1881.     Laws  of  1881,  p.  124. 

The  penal  provisions  of  this  act  are  found  in  paragraph 
10,  p.  1417,  Kurd's  R.  S.  of  1905,  Chapter  102. 

(forms  of  complaint  omitted.) 

OIL  INSPECTION. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  to  revise  the  law  in  relation  to  oil  inspection.  Ap- 
proved March  12,  1874.  In  force  July  1,  1874.  R.  S.  of  1874, 
p.  731. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1887, 
p.  242. 

The  penal  provisions  of  these  act^  are  found  in  paragraphs 
6-8,  pp.  1421-2,  Kurd's  R.  S.  of  1905,  Chapter  104. 

(forms  of  complaint  omitted.) 


STATUTORY   MISDEMEANORS.  393 

PAEKS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  to  authorize  the  corporate  authorities  of  towns  to 
issue  bonds  for  the  completion  and  improvement  of  public  parks 
and  boulevards,  and  to  provide  a  tax  for  the  payment  of  the 
same.  Approved  June  9,  1897.  In  force  July  1,  1897.  Laws 
of  1897,  p.  275. 

The  penal  provisions  of  this  act  are  found  in  paragraph 
202,  p.  1477,  Kurd's  R.  S.  of  1905,  Chapter  105. 

(forms  of  information  omitted.) 

PAUPERS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  to  revise  the  law  in  relation  to  paupers.  Approved 
March  23,  1874.     In  force  July  1,  1874.     R.  S.  of  1874,  p.  754. 

The  penal  provisions  of  this  act  are  found  in  paragraph 
13,  p.  1499,  Kurd's  R.  S.  of  1905,  Chapter  107. 

(forms  of  information  omitted.) 

PAWN  BROKERS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  for  the  regulation  of  pawnbrokers.  Approved  June  4, 
1879.     In  force  July  1,  1879.     Laws  of  1879,  p.  219. 

The  penal  provisions  of  this  act  are  contained  in  paragraph 
3,  p.  1503,  Kurd's  R.  S.  of  1905,  Chapter  107a. 

(forms  of  information  omitted.) 

PENITENTIARIES. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts : 

An  act  to  regulate  the  employment  of  convicts  and  prisoners 
in  the  penal  and  reformatory  institution's  of  the  State  of  Illi- 
nois and  providing  for  the  disposition  of  the  products  of  their 


o94  PRACTICE    IN    THE   MUNICIPAL   COURT. 

skill  and  industry.     Approved  May  11,  1903.     In  force  July  1, 
1903.     Laws  of  1903,  p.  271. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1905, 
p.  342. 

The  penal  provisions  of  these  acts  are  found  in  paragraph 
100,  p.  1526,  Kurd's  R.  S.  of  1905,  Chapter  108. 

(forms  of  information  omitted.) 

PERSONATING  OFFICERS  OF  SOCIETIES. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  to  prohibit  personating  officers  or  members  of  any 
grand  or  subordinate  lodge  or  fraternal  society  chartered  or 
having  grand  or  subordinate  lodges  in  this  state,  and  to  prohibit 
wearing  or  using  the  insignia  or  badges  of  any  such  lodges  or 
societies  by  other  than  the  members  thereof.  Approved  May  11, 
1901.     In  force  July  1,  1901.     Laws  of  1901,  p.  146. 

The  penal  provisions  of  this  act  are  found  in  paragraphs 
536-538,  pp.  761-2,  Kurd's  R.  S.  of  1905,  Chapter  38. 

(form   of  COMPLAINT  APPEARS  UNDER  "FRAUDS.") 

PLATS. 
The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  act  to  revise  the  law  in  relation  to  plats.  Approved  March 
21,  1874.     In  force  July  1,  1874.     R.  S.  of  1874,  p.  771. 

The  penal  provisions  of  this  act  are  found  in  paragraphs 
4  and  5,  p.  1528  of  Kurd's  R.  S.  of  1905,  Chapter  109. 

(forms  of  complaint  omitted.) 

POLICY  PLAYING. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  for  the  prevention  of  policy  playing.  Approved  April 
29,  1905.     In  force  July  1,  1905.     Laws  of  1905,  p.  192. 


STATUTORY  MISDEMEANORS.  395 

The   penal  provisions  of  this  act  are  found  in  paragraphs 
185a-185c,  pp.  708-9,  Kurd's  R.  S.  of  1905,  Chapter  38. 
(forms  of  information  omitted.) 

PRIZE  FIGHTING. 
The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force.  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provisions  in  question  are  found  in  paragraphs  231, 
235  and  236,  pp.  718-719,  Kurd's  R.  S.  of  1905,  Chapter  38. 
(forms  of  complaint  omitted.) 

PUBLIC  ACCOUNTANTS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  to  regulate  the  profession  of  public  accountants.  Ap- 
proved May  15,  1903.  In  force  July  1,  1903.  Laws  of  1903, 
p.  281. 

The   penal   provisions   of  this   act  are   found   in  paragraph 
6,  pp.  1547-8,  Kurd's  R.  S.  of  1905,  Chapter  110a. 
(forms  of  complaint  omitted.) 

PUBLIC  BUILDINGS. 
The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  to  regulate  the  means  of  egress  from  public  buildings. 
Approved  March  28,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  786. 

The  penal  provisions  of  this  act  are  found  in  paragraph 
2,  p.  1548,  Kurd's  R.  S.  of  1905,  Chapter  111. 

(forms  of  information  omitted.) 

PUBLIC  EXHIBITIONS  OF  NOTORIOUS  AND  DE- 
FORMED PERSONS. 
The  statutoiy  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  to  prohibit  public  exhibitions  of  persons  who  have 


396  PRACTICE    IN    THE    MUNICIPAL    COURT. 

attained  notoriety  through  some  criminal  act,  also  of  persons 
whose  deformity  is  such  as  to  attract  public  curiosity  and  to 
provide  a  penalty  therefor.  Approved  April  22,  1899.  In 
force  July  1,  1899.    Laws  of  1899,  p.  148. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  518- 
520,  p.  759,  Kurd's  R.  S.  of  1905,  Chapter  38. 

(forms  op  information  omitted.) 

RACING,  ROUTS,  RIOTS  AND  UNLAWFUL  ASSEJMBLIES. 

The  statutory'  provisions  on  this  subject  are  contained  in  the 
following'  a<jts : 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provisions  in  question  are  found  in  paragraphs  247- 
253,  pp.  720-1,  Kurd's  R.  S.  of  1905,  Chapter  38. 
(forms  of  information  omitted.) 

An  act  to  secure  the  peace  and  good  order  of  society,  to  quell 
riots  or  disturbances,  to  secure  the  execution  of  the  laws  and  to 
provide  for  special  deputy  sheriffs  and  for  calling  out  and  using 
the  military  force  of  the  State  for  the  preservation  of  the  peace 
and  the  protection  of  property.  Approved  June  16,  1887.  In 
force  July  1,  1887.     Laws  of  1887,  p.  239,  Chapter  38. 

The  penal  provisions  of  this  act  are  found  in  paragraph 
256q,  p.  723,  Kurd's  R.  S.  of  1905. 

(forms  of  information  omitted.) 

An  act  to  suppress  mob  violence.  Approved  May  16,  1905. 
In  force  July  1,  1905.     Laws  of  1905,  p.  190. 

The   penal   provisions   of  this   act   are   found   in   paragraph 
256m,  p.  723,  Kurd's  R.  S.  of  1905,  Chapter  38. 
(forms  op  information  omitted.) 

RAILROADS  AND  WAREKOUSES. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts : 

An  act  to  require  railroad  corporations  to  have  and  maintain  a 
public  office  or  place  in  the  State  of  Illinois  where  transfers  of 


STATUTORY   MISDEMEANORS.  397 

stock  may  be  made,  and  to  enforce  the  provisions  of  Section  nine 
(9),  Article  eleven  (11)  of  the  Constitution  of  Illinois.  Ap- 
proved June  18,  1883.  In  force  July  1,  1883.  Laws  of  1883, 
p.  128. 

The  penal  provisions  of  this  act  are  found  in  paragraphs 
51,  p.  1574,  Kurd's  E.  S.  of  1905,  Chapter  114. 
(forms  of  information  omitted.) 

An  act  compelling  railroad  companies  in  this  State  to  build 
and  maintain  depots  for  the  comfort  of  passengers  and  for  the 
protection  of  shippers  of  freight  at  towns  and  villages  on  the 
line  of  their  roads.  Approved  May  23,  1877.  In  force  July  1, 
1877.     Laws  of  1877,  p.  165. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1895, 
p.  294. 

The  penal  provisions  of  these  acts  are  found  in  paragraph 
51,  p.  1574,  Kurd's  R.  S.  of  1905,  Chapter  114. 
(forms  of  information  omitted.) 

An  act  in  relation  to  fencing  and  operating  railroads.  Ap- 
proved  March  31,  1874.  In  force  July  1,  1874.  R.  S.  of  1874, 
p.  807. 

Acts  amendatory  of  the  foregoing  act.  See  Laws  of  1877, 
p.  165;  Laws  of  1879,  p.  224;  Laws  of  1883,  p.  125;  Laws  of 
1885,  p.  231;  Laws  of  1889,  p.  224;  Laws  of  1895,  p.  293;  Laws 
of  1899,  p.  332. 

The  penal  provisions  of  these  acts  are  found  in  paragraplis  69 
and  70,  p.  1578,  paragraphs  74  and  76,  p.  1579,  paragraphs  77- 
79,  81  and  83,  p.  1580,  paragraphs  85  and  87,  91,  92  and  93,  pp. 
1581-2,  and  paragraphs  98-100,  p.  1583,  Kurd's  R.  S.  of  1905, 
Chapter  114. 

(forms  of  information  omitted.) 

An  act  to  prohibit  any  person  from  obstructing  the  regular 
operation  and  conduct  of  the  business  of  railroad  companies  or 
other  corporations,  firms  or  individuals.  Approved  June  2, 
1877.     In  force  July  1,  1877.     Laws  of  1877,  p.  167. 

The  penal  provisions  of  this  act  are  found   in  paragraphs 
109,  pp.  1584-5,  Kurd's  R.  S.  of  1905,  Chapter  114. 
(forms  of  information  omitted.) 


398  PRACTICE   IN    THE   MUNICIPAL    COURT, 

An  act  to  prevent  frauds  upon  travelers  and  owner  or  own- 
ers of  any  railroad,  steamboat  or  other  conveyance  for  the  trans- 
portation of  passengers.  Approved  April  19,  1875.  In  force 
July  1,  1875.     Laws  of  1875,  p.  81. 

The  penal  provisions  of  this  act  are  found  in  paragraphs 
114  and  117,  pp.  1585-6,  Kurd's  R.  S.  of  1905,  Chapter  114. 

(forms   of   INFORMATION    OMITTED.) 

An  act  regulating  the  receiving,  transportation  and  delivery 
of  grain  by  railroad  corporations  and  defining  the  duties  of  such 
corporations  with  respect  thereto.  Approved  April  25,  1871. 
In  force  July  1,  1871.     Laws  of  1871,  p.  636. 

An  act  amendatoiy  of  the  foregoing  act.  See  Law^s  of  1877, 
p.  168. 

The  penal  provisions  of  these  acts  are  found  in  paragraph* 
119,  120  and  123,  pp.  1586-1588,  Kurd's  R.  S.  of  1905,  Chap- 
ter 114. 

(forms   of   INFORMATION    OMITTED.) 

An  act  to  prevent  extortion  and  unjust  discrimination  in  the 
rates  charged  for  the  transportation  of  passengers  and  freights 
on  railroads  in  this  State,  and  to  punish  the  same  and  prescribe 
a  mode  of  procedure  and  rules  of  evidence  in  relation  thereto, 
and  to  repeal  an  act  entitled  "An  act  to  prevent  unjust  dis- 
crimination and  extortions  in  the  rates  to  be  charged  by  the  dif- 
ferent railroads  in  this  State  for  the  transportation  of  freights 
on  said  roads,"  approved  April  7,  A.  D.  1871.  Approved  May 
2,  1873.     In  force  July  1,  1874.     R.  S.  of  1874,  p.  816. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  127 
and  128,  pp.  1589-1590,  Kurd's  R.  S.  of  1905,  Chapter  114. 

(forms   OF   INFORMATION    OMITTED.) 

An  act  to  regulate  public  warehouses  and  the  warehousing  and 
inspection  of  grain,  and  to  give  effect  to  article  13  of  the  Con- 
stitution of  this  State.  Approved  April  25,  1871.  In  force 
July  1,  1871.     Laws  of  1871-2,  p.  762. 

The  penal  provisions  of  this  act  are  found  in  paragraph 
138,  pp.  1591-2,  Kurd's  R.  S.  of  1905,  Chapter  114. 

(forms  op  information   OMITTED.) 


STATUTORY   MISDEMEANORS.  399 

An  act  to  establish  a  board  of  railway  and  warehouse  com- 
missioners and  to  prescribe  their  powers  and  duties.  Approved 
April  13,  1871.     In  force  July  1,  1871.     Laws  of  1871-2,  p.  618. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1887, 
p.  254. 

The  penal  provisions  of  these  acts  are  found  in  paragraphs 
181  and  182,  p.  1604,  Kurd's  R.  S.  of  1905,  Chapter  114. 

(forms  of  information  omitted.) 

An  act  to  provide  for  the  appointment  of  State  Weighmas- 
ters.  Approved  June  23,  1883.  In  force  July  1,  1883.  Laws 
of  1883,  p.  172. 

The  penal  provisions  of  this  act  are  found  in  paragraph  191, 
Hurd's  R.  S.  of  1905,  Chapter  114. 

(forms  of  information  omitted.) 

An  act  relating  to  the  receipt,  shipment,  transportation  and 
weighing  of  grain  in  bullc  by  railroad  companies.  Approved 
June  15,  1887.     In  force  July  1,  1887.     Laws  of  1887,  p.  253.     . 

The  penal  provisions  of  this  act  are  found  in  paragraph  195, 
p.  1606,  Hurd's  R.  S.  of  1905,  Chapter  114. 

(forms  of  information  omitted.) 

An  act  to  protect  persons  and  property  from  damage  at  the 
crossings  and  junctions  of  railroads  by  providing  a  method  to 
compel  the  protection  of  the  same.  Approved  June  2,  1891.  In 
force  July  1,  1891.     Laws  of  1891,  p.  181. 

The  penal  provisions  of  this  act  are  found  in  paragraph  215, 
p.  1611,  Hurd's  R.  S.  of  1905,  Chapter  114. 

(forms  of  information  omitted.) 

An  act  to  promote  the  safety  of  employes  and  travelers  upon 
railroads  by  compelling  common  carriers  engaged  in  moving 
traffic  by  railroad  between  points  in  the  State  of  Illinois  to 
equip  their  cars  with  automatic  couplers  and  continuous  brakes 
and  their  locomotives  with  driving  wheel  brakes  and  for  other 
purposes.  Approved  May  12,  1905.  In  force  July  1,  1905. 
Laws  of  1905,  p.  350. 


400  PRACTICE   IN    THE   MUNICIPAL    COURT. 

The  penal  provisions  of  this  act  are  found  in  paragraph  228, 
p.  613,  Kurd's  R.  S.  of  1905,  Chapter  114. 

(forms   of   INFORMATION    OMITTED.) 

RECEIVING  AND  RESTORING  STOLEN  PROPERTY. 

The  statutory  provisions  on  this  subject  ai*e  contained  in  the 
following  act : 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provisions  in  question  are  found  in  paragraphs  239 
and  242,  p.  719  of  Kurd's  R.  S.  of  1905,  Chapter  38. 

(forms   of   INFORMATION    OMITTED.) 

RECORDERS. 
The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  to  revise  the  law  in  relation  to  recorders.  Approved 
March  9,  1874.     In  force  July  1,  1874.     R.  S.  of  1874,  p.  833. 

Acts  amendatorj^  of  the  foregoing  act.  See  Laws  of  1879,  p. 
237 ;  Laws  of  1905,  p.  352. 

The  penal  provisions  of  these  acts  are  contained  in  paragraph 
13,  p.  1616,  and  paragraph  15,  p.  1617,  Kurd's  R.  S.  of  1905, 
Chapter  115. 

(forms   of   INFORMATION    OMITTED.) 

RESISTANCE  OF  OFFICERS. 
The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  244 
and  245,  pp.  719-20,  Kurd's  R.  S.  of  1905,  Chapter  38. 

FORMS   OF   INFORMATION. 

(1.) 

did  then  and  there  knowingly  and  wilfully   (here  insert  "ob- 
struct," "resist,"  or  "oppose")  one who  was 


STATUTORY   MISDEMEANORS.  401 

then  and  there  (here  insert  "sheriff  of  Cook  county,"  "deputy 
sheriff  of  Cook  county,"  "coroner  of  Cook  county,"  "constable 

of  Cook  county,"  or  " then  and  there  an 

officer  of  the  State  of  Illinois")  in  (here  insert  "serving,"  or 
"attempting  to  serve,")  a  certain  lawful  (here  insert  "process," 

or  "order,")  of  (here  insert  " court,"  or  "...  . 

then  and  there  a  judge  of court," 

or  " who  was  then  and  there  a  justice  of 

the  peace  in  and  for  Cook  county"), 

(2.) 
did  then  and  there  (here  insert  "assault,"  or  "beat,")  one.  . .  . 
who  was  then  and  there  (here  insert  "sher- 
iff of  Cook  county,"  "deputy  sheriff  of  Cook  county,"  "coroner 

of  Cook  county, "  "  constable  of  Cook  county, "  or  " 

then  and  there  an  officer  of  the  State  of  Illinois,") 

while  said was  (here  insert  "serv- 
ing," or  "executing,"  or  "attempting  to  serve,"  or  "at- 
tempting to  execute,")    a  certain    (here  insert   "process,"  or 

"order,")  of  (here  insert  " court"  or  " 

then  and  there  a  judge  of court,"  or 

" then  and  there  a  justice  of  the  peace  of 

Cook  county"), 

(3.) 
did  then  and  there    (here   insert  "assault,"  or  "beat,")    one 

who  Avas  then  and  there  (here  insert 

"sheriff  of  Cook  county,"  "deputy  sheriff  of  Cook  county," 
"coroner  of    Cook    county,"  "constable  of    Cook  county,". or 

" ")  for  having  (here  inserted  "served," 

or  "executed,"  or  "attempted  to  serve,"  or  "attempted  to  exe- 
cute") a  certain  (here  insert  "process,"  or  "order,")  of  (here 

insert  " court "  or  " then  and 

there  a  judge  of court, "  or  " 

.  . .  .then  and  there  a  justice  of  the  peace  of  Cook  county"). 

REVENUES. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  for  the  assessment  of  property  and  for  the  levy  and 
26 


402  PRACTICE    IN    THE    MUNICIPAL    COURT. 

collection  of  taxes.  Approved  March  30,  1872.  in  force  July 
1,  1872.     R.  S.  of  1874,  p.  857. 

Acts  amendatory  of  the  foregoing  act.  See  Laws  of  1877, 
pp.  171,  172,  173,  174,  175;  Laws  of  1879,  pp.  239-256;  Laws  of 
1881,  pp.  129-138;  Laws  of  1885,  pp.  233-235;  Laws  of  1891,  pp. 
187;  Laws  of  1893,  pp.  171-174;  Laws  of  1895,  pp.  210-212; 
Laws  of  1901,  pp.  266  and  271 ;  Laws  of  1903,  pp.  294-5,  298-9 ; 
Laws  of  1905,  pp.  353-358. 

The  penal  provisions  of  these  acts  are  found  in  paragraph  56, 
p.  1652,  Kurd's  E.  S.  of  1905,  Chapter  120. 

An  act  for  the  assessment  of  property  and  providing  the  means 
therefor,  and  to  repeal  a  certain  act  therein  named.  Approved 
February  25,  1898.     In  force  July  1,  1898.     Laws  of  1898,  p.  34. 

Acts  amendatory  of  the  foregoing  act.  See  Laws  of  1901,  pp. 
267-8;  Laws  of  1903,  pp.  295-297,  299-300;  Laws  of  1905,  pp. 
360-365. 

The  penal  provisions  of  these  acts  are  found  in  paragraph  314, 
p.  1698,  and  paragraphs  338-340,  pp.  1704-5,  Kurd's  R.  S.  of 
1905,  Chapter  120. 

An  act  to  tax  gifts,  legacies  and  inheritances  in  certain  cases 
and  to  provide  for  the  coDection  of  the  same.  Approved  June 
15,  1895.     In  force  July  1,  1895.     Laws  of  1895,  p.  301. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1901, 
p.  268. 

The  penal  provisions  of  these  acts  are  found  in  paragi*aph  377, 
p.  1715,  Kurd's  R.  S.  of  1905. 

(forms  of  information  omitted.) 

ROADS  AND  BRIDGES. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  in  regard  to  roads  and  bridges  in  counties  under  town- 
ship organization  and  to  repeal  an  act  and  parts  of  acts  therein 
named.  Approved  June  23,  1883.  In  force  July  1,  1883.  Laws 
of  1883,  p.  136. 

Acts  amendatory  of  the  foregoing  act.  See  Laws  of  1885,  p. 
236;  Laws  of  1887,  p.  263;  Laws  of  1889,  pp.  228-235;  Laws  of 
1891,  p.  188;  Laws  of  1895,  p.  310;  Laws  of  1899,  p.  338;  Laws 
of  1901,  p.  275 :  Laws  of  1903,  p.  303 ;  Laws  of  1905.  p.  369. 


STATUTORY    MISDEMEANORS.  403 

The  penal  provisions  of  these  acts  are  found  in  paragraph  9, 
p.  1723,  paragraph  29,  p.  1728,  paragraph  67,  p.  1734,  para- 
graphs 71-73,  p.  1735,  paragraphs  77-78,  p.  1736,  paragraphs  89 
and  94,  p.  1738,  paragraphs  101  and  102,  p.  1739,  paragraph 
111,  p.  1740,  paragraph  115,  p.  1741,  Ilurd's  R.  S.  of  1905, 
Chapter  121. 

(FORMS  OP   INFORMATION  OMITTED.) 

An  act  requiring  the  destruction  of  the  cockle  burr  weed  or 
plant.  Approved  May  31,  1879.  In  force  July  1,  1879.  Laws 
of  1879,  p.  284. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1895, 
p.  309. 

The  penal  provisions  of  these  acts  are  found  in  paragraphs 
126,  126a  and  1266,  pp.  1742-3,  Kurd's  R.  S.  of  1905,  Chapter 
12L 

An  act  to  provide  for  the  organization  of  road  districts,  the 
election  and  duties  of  officers  therein  and  in  regard  to  roads  and 
bridges  in  counties  not  under  township  organization,  and  to 
repeal  an  act  and  parts  of  acts  therein  named.  xVpproved  May 
4,  1887.     In  force  July  1,  1887.     Laws  of  1887,  p.  266. 

Acts  amendatory  of  the  foregoing  act.  See  Laws  of  1889,  p. 
235;  Laws  of  1891,  p.  190;  Laws  of  1899,  p.  367;  Laws  of  1905, 
p.  238. 

The  penal  provisions  of  these  acts  are  found  in  paragraphs 
128-132,  pp.  1743-4,  paragraphs  158  and  159,  p.  1747,  para- 
graphs 184,  p.  1751,  paragraph  237,  p.  1760,  Chapter  121. 

(forms  of  INFORMATION  OMITTED.) 

An  act  exempting  from  taxation  bridgas  across  any  stream 
fonning  the  boundary  line  between  this  and  an  adjoining  state, 
when  such  bridge  is  a  free  public  highway.  Approved  May  10, 
1889.     In  force  July  1,  1889.     Laws  of  1889,  p.  63. 

The  penal  provisions  of  this  act  are  found  in  paragraph  271, 
Kurd's  R.  S.  of  1905,  Chapter  121. 

(forms  op  INFORMATION  OMITTED.) 

An  act  concerning  travel  on  public  highways.  Approved  June 
21,  1895.     In  force  July  1,  1895.     Laws  of  1895,  p.  171. 


404  PRACTICE   IN    THE   MUNICIPAL   COURT. 

The  penal  provisions  of  this  act  are  found  in  paragraph  274, 
p.  1767,  Ilurd's  R.  S.  of  1905,  Chapter  121. 

(forms  of  INFORMATION  OMITTED.) 

An  act  to  regulate  the  construction  of  bridges  and  culverts. 
Approved  April  21,  1899.  In  force  July  1,  1899.  Laws  of 
1899,  p.  338. 

The  penal  provisions  of  this  act  are  found  in  paragraph  276, 
p.  1767,  Hurd's  R.  S.  of  1905. 

(FORMS  OF  INFORMATION  OMITTED.) 

An  act  in  regard  to  roads  and  bridges  in  counties  not  under 
township  organization  and  to  provide  for  the  adoption  of  the 
same.  Approved  May  10,  1901.  In  force  July  1,  1901.  Laws 
of  1901,  p.  276. 

The  penal  provisions  of  this  act  are  contained  in  paragraphs 
277-282,  pp.  1767-8,  paragraphs  300-3,  pp.  1773-4,  paragraph 
307,  p.  1775,  and  paragraph  321,  p.  1778,  Hurd's  R.  S.  of  1905, 
Chapter  121. 

(forms  of  INFORMATION  OMITTED.) 

SALTPETER  CAVES. 
The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provisions  in  question  are  found  in  paragraph  257, 
p.  724,  Hurd's  R.  S.  of  1905,  Chapter  38. 

(forms  of  COMPLAINT  OMITTED.) 

SCHOOLS. 
The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  to  establish  and  maintain  a  system  of  free  schools. 
Approved  and  in  force  IMay  21,  1889.     Laws  of  1889,  p.  258. 

Acte  amendatory  of  the  foregoing  act.  See  Laws  of  1889,  p. 
239;  Laws  of  1891,  pp.  195-200:  Laws  of  1893,  p.  179;  Laws 
of  1895,  p.  315 ;  Laws  of  1897,  p.  295 ;  Laws  of  1899,  pp.  343, 
344,   349,   350,   351;   Laws   of  1901,   pp.   276,   298;   La.vs  of 


STATUTORY  MISDEMEANORS.  405 

1903,  p.  307 ;  Laws  of  1905,  pp.  373,  378,  383,  384,  385  and  386. 
The  penal  provisions  of  these  acts  are  found  in  paragraph  b, 
p.  1787,  paragraph  49,  p.  1794,  paragraph  74,  p.  1799,  para- 
graph 95,  p.  1803,  paragraph  119,  p.  1809,  paragraph  134,  p. 
1810,  paragraph  145,  p.  1811,  paragraph  220,  p.  1826,  paragraph 
223,  p.  1827,  paragraphs  246-8,  pp.  1831-2,  paragraphs  275-280, 
pp.  1836-7,  paragraphs  284  and  287,  p.  1838,  paragraphs  288 
and  293,  p.  1839,  Kurd's  R.  S.  of  1905,  Chapter  122. 
(forms  of  information  omitted.) 

An  act  to  promote  attendance  of  children  in  schools  and  to 
prevent  tiuancy.  Approved  June  11,  1897.  In  force  July  1, 
1897.     Laws  of  1897,  p.  296. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1903, 
p.  308. 

The  penal  provisions  of  this  act  are  found  in  paragraph  314, 
p.  1843  and  paragraph  316,  p.  1844  of  Kurd's  R.  S.  of  1905, 
Chapter  122. 

(forms  of  information  omitted.) 

An  act  to  provide  for  the  formation  and  disbursement  of  a 
public  school  employes'  pension  fund  in  cities  having  a  popu- 
lation exceeding  100,000  inhabitants.  Approved  May  15,  1903. 
In  force  July  1,  1903.     Laws  of  1903,  p.  308. 

The  penal  provisions  of  this  act  are  found  in  paragraph  423q, 
p.  1865  of  Kurd's  R.  S.  of  1905,  Chapter  122. 

(forms  of  information  omitted.) 

An  act  to  authorize  certain  school  districts  to  issue  bonds  for 
certain  purposes.  Approved  and  in  force  May  10,  1901.  Laws 
of  1901,  p.  296. 

The  penal  provisions  of  this  act  are  found  in  paragraph  449, 
Kurd's  R.  S.  of  1905,  Chapter  122. 

(forms  of  information  omitted.) 

SEDUCTION. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts : 

An  act  to  punish  the  seduction  of  females.  Approved  April 
19,  1899.     In  force  July  1,  1899.     Laws  of  1899,  p.  148. 


406  PRACTICE    IN    THE    MUNICIPAL    COURT. 

The  penal  provLsions  of  this  act  are  found  in  parajji-aph  525, 
p.  760,  Ilurd's  R.  S.  of  1905,  Chapter  38. 

FORM   OF   COMPLAINT. 

did  then  and  there  seduee  and  obtain  carnal  knowledq-e  of .  . .  . 

who  was  then  and  there  an  unmarried  female 

under  the  age  of  eighteen  years  and  of  about  the  age  of 

years,  and  wai?  then  and  there  of  previous  chaste  >^haracter, 

SHANTY  BOATS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  act  to  license  shanty  boats  and  other  water  craft,  fixing  the 
fees  therefor  and  providing  penalties.  Approved  June  10,  1897. 
[n  force  July  1.  1897.     Law^s  of  1897,  p.  248. 

The  penal  provisions  of  this  act  are  found  in  paragi-aph  514, 
p.  758,  Kurd's  R.  S.  of  1905,  Chapter  38. 

C FORMS  OF    INFORMATION  OMITTED.) 

SHEEP  AND  OTHER  DOMESTIC  ANIMALS* 
The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  act  to  revise  the  law  in  relation  to  crimijial  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p  352. 

The  penal  provisions  in  question  are  found  in  paragraph  258, 
p.  724,  Hurd's  R.  S.  of  1905.  Chapter  38. 

(forms  of  COMPLAINT  OMITTED.) 

SHERIFFS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  to  revise  the  law  in  relation  to  sheritt's.  Approved 
January  27,  1874.     In  force  July  1.  1874.     R.  S.  of  1874,  p.  989. 

The  penal  provisions  of  this  act  are  found  in  paragraph  16,  p. 
1879,  Hurd's  R.  S.  of  1905,  Chapter  125. 

(forms  of   INFORMATION  OMITTED.) 


STATUTORY   MISDEMEANORS.  407 

» 

An  act  to  prevent  nonresidents  from  serving  or  acting  as  dep- 
uty sheriffs,  special  policemen  or  special  constables.  Approved 
June  19,  1893.     In  force  July  1,  1893.     Laws  of  1893,  p.  2. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  27 
and  28,  p.  1880,  Kurd's  R.  S.  of  1905. 

(forms  of  complaint  omitted.) 

SIDEWALKS  AND  SIDEPATHS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act : 

An  act  to  protect  sidewalks  and  sidepaths  and  to  provide  a 
penalty  for  its  violation.  Approved  April  26,  1899.  In  force 
July  1,  1899.     Laws  of  1899,  p.  147. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  521- 
524,  pp.  759-760,  Ilurd's  R.  S.  of  1905,  Chapter  38. 
(forms  of  complaint  omitted.) 

STATE  BOARD  OP  HEALTH. 
The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  to  amend  an  act  entitled  * '  An  Act  to  create  and  estab- 
lish a  board  of  health  in  the  State  of  Illinois,"  approved  May 
28,  1877,  in  fcirce  July  1,  1877,  by  adding  thereto  four  new  sec- 
tions numbered  fifteen  (15),  sixteen  (16),  seventeen  (17),  and 
eighteen  (18).  Approved  and  in  force  April  21.  1899.  Laws  of 
1899,  p.  355. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1901, 
p.  305. 

The  penal  provisions  of  these  acts  are  found  in  paragraphs 
16,  17  and  18,  pp.  1883-4,  Hurd's  R.  S.  of  1905,  Chapter  126o. 

An  act  requiring  reports  of  births  and  deaths  and  the  record- 
ing of  the  same,  and  prescribing  a  penalty  for  non-compliance 
with  the  provisions  thereof  and  repealing  certain  acts  therein 
named.  Approved  May  6,  1903.  In  force  July  1,  1903.  Laws 
of  1903,  p.  315. 

The  penal  provisions  of  this  act  are  found  in  paragraph  31,  p. 
1886,  Tlurd's  R.  S.  of  1905,  Chapter  126a. 

(forms  of  information  omitted.) 


408  PRACTICE  IN  THE   MUNICIPAL   COURT, 

An  act  to  provide  for  the  regulation  of  the  embahning  and 
disposal  of  dead  bodies,  for  a  system  of  examination,  registra- 
tion, licensing  of  embalmers  and  imposing  penalties  for  the 
violation  of  any  of  its  provisions.  Approved  May  13,  1905.  In 
force  July  1,  1905.     Laws  of  1905,  p.  388. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  39 
and  40,  p.  1887,  Kurd's  R.  S.  of  1905. 

(forms  of  COMPLAINT  OMITTED.) 

STATE  CONTRACTS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  to  revise  the  law  in  relation  to  State  contracts.  Ap- 
proved March  31,  1874.  In  force  July  1,  1874,  R,  S.  of  1874, 
p.  993. 

Acts  amendatory  of.  the  foregoing  act.  See  Laws  of  1877,  p. 
207;  Laws  of  1889,  p,  350;  Laws  of  1899,  p.  256;  Laws  of  1905, 
p.  391. 

The  penal  provisions  of  these  acts  are  found  in  paragraph  8, 
p.  1890,  Kurd's  R.  S.  of  1905,  Chapter  127. 

(forms  of  information  OMITTED.) 

STATE  ENTOMOLOGIST, 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following,  act : 

An  act  to  prevent  the  introduction  and  spre?d  in  Illinois  of 
the  San  Jose  scale  and  other  dangerous  insects  and  contagious 
diseases  of  fruits.  Approved  and  in  force  April  11,  1899. 
Laws  of  1899,  p.  49, 

The  penal  provisions  of  this  act  are  found  in  paragraph  4,  p. 
1904,  Kurd's  R.  S.  of  1905,  Chapter  127a. 

(forms  of  COMPLAINT  OMITTED.) 

STATE  FOOD  COMMISSIONER. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  to  provide  for  the  appointment  of  a  State  Food  Com- 


STATUTORY    MISDEMEANORS.  409 

missioner  and  to  define  his  powers  and  duties  and  fix  his  com- 
pensation and  to  prohibit  and  prevent  adulteration,  fraud  and 
deception  in  the  manufacture  and  sale  of  articles  of  food  and  to 
repeal  certain  acts  or  parts  of  acts  therein  named.  Approved 
April  24,  1899.  In  force  July  1,  1899,  except  as  to  penalties. 
Laws  of  1899,  p.  49. 

The  penal  provisions  of  this  act  are  found  in  para^aph  5,  p. 
1906,  paragraph  19,  p.  1908,  and  paragraphs  23,  25  and  27,  p. 
1909,  Kurd's  R.  S.  of  1905,  Chapter  127&. 

(forms  of  information  omitted.) 

An  act  to  re^ilate  the  sale  and  analysis  of  concentrated  feed- 
ing stufis.  Approved  May  18,  1905.  In  force  July  1,  1905. 
Laws  of  1905,  p.  393. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  31- 
33,  pp.  1910-1911,  and  paragraph  38,  p.  1912,  Hurd's  R.  S.  of 
1905. 

(forms  of  complaint  omitted.) 

STATE  MILITIA. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  to  estabish  a  military  and  naval  code  for  the  State  of 
Illinois  and  to  repeal  all  acts  in  conflict  herewith.  Approved 
May  14,  1903.     In  force  Juy  1,  1903.     Laws  of  1903,  p.  318. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  97 
and  98,  p.  1939,  paragraphs  106  and  108,  p.  1942,  Hurd's  R.  S. 
of  1905,  Chapter  129. 

(forms  op  information  omitted.) 

STREET  RAILWAYS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  to  provide  screens  or  vestibules  for  motormen  and  con- 
ductors on  the  street  railway  cars  and  for  a  penalty  for  the 
violation  of  this  act.  Approved  May  11,  1903.  In  force  Jiuly 
1,  1903.     Laws  of  1903,  p.  289. 


410  PRACTICE   IN  THE   MUNICIPAL   COURT. 

The  penal  provisions  of  this  act  are  found  in  paragraph  9,  p. 
1982,  Hurd's  R.  S.  of  1905,  Chapter  131a. 

(forms  of  complaint  OMITTED.) 

SUNDAY. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

The  penal  provisions  in  question  are  found  in  paragraphs  259- 
262.  pp.  724-5.  Tlurd's  R.  S.  of  1905,  Chapter  38. 

forms  of  complaint. 

(1.) 

did  then  and  there  at  number street,  in  said 

city,  keep  open  a  certain  tippling  house,  upon  the  first  day  of 
the  week,  commonly  called  Sunday, 

(2.) 

did  then  and  there  at street,  in  said  city, 

keep  open  a  place  where  liquor  was  then  and  there  (here  insert 
"sold,"  or  "given  away.")  upon  the  firet  day  of  the  week  com- 
monly called  Sunday, 

SURVEYORS  AND  SURVEYS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  to  revise  the  law  in  relation  to  county  surveyors  and 
the  custody  of  the  United  States  field  notes.  Approved  Marcli 
2,  1874.     In  force  July  1,  1874.     R.  S.  of  1874,  p.  1050. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1903, 
p.  349. 

The  penal  provisions  of  these  acts  are  found  in  paragraphs 
1  and  7,  pp.  1982-4,  Hurd's  R.  S.  of  1905,  Chapter  133. 

(form?;  op  information  omitted.) 


STATUTORY    MISDEMEANORS.  411 


TELEGRAPH  AND  TELEPHONE  COMPANIES. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  to  revise  the  law  in  relation  to  telegraph  companies. 
Approved  March  24,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  1052. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1891, 
p.  205. 

The  penal  provisions  of  the.se  acts  are  found  in  paragraphs  5, 
7,  8  and  10.  pp.  1986-7,  Hurd's  R.  S.  of  1905,  Chapter  134. 

(forms  op  information  omitted.) 

'An  act  to  permit  the  use  of  public  highways,  streets  and  alleys 
and  private  roads  leading  to  such  highways,  streets  and  alleys-, 
outside  of  incorporated  cities,  villages  and  towns  for  the  purpose 
of  constructing,  operating  and  maintaining  private  lines  of  tele- 
graph or  telephone,  and  to  prescribe  penalties  for  the  injury  or 
obstruction  of  such  lines.  Approved  June  18,  1883.  In  force 
July  1,  1883.     Laws  of  1883,  p.  173. 

The  penal  provisions  of  this  act  are  found  in  paragraph  13, 
pp.  1987-8.  IlimUs  R.  S.  of  1905,  Chapter  134. 

(forms  of  complaint  omitted.) 

An  act  to  prevent  the  wrongful  taking  of  news  despatches 
from  telegraph  or  telephone  wires  and  to  provide  a  penalty  for 
violation  thereof.  Approved  June  15,  1895.  In  force  July  1, 
1895.     Laws  of  1895,  p.  157. 

The  penal  provisions  of  this  act  are  found  in  paragraph  5,  p. 
1088,  Hurd's  R.  S.  of  1905,  Chapter  134. 

An  act  relating  to  the  powers,  duties  and  property  of  tele- 
phone companies.  Approved  May  16,  1903.  In  force  July  1, 
1903.     Laws  of  1903,  p.  350. 

The  penal  provisions  of  this  act  are  found  in  paragraph  18, 
pp.  1988-9  of  Hurd's  R.  S.  of  1905,  Chapter  134. 

(forms  of  complaint  omitted.) 


412  PRACTICE    IN    THE   MUNICIPAL    COURT. 

TIMBER. 

The  statutory  provisions  on  this  subject  are  contained  in 
Chapter  104  of  the  R.  S.  of  1845. 

The  penal  provisions  in  question  are  found  in  paragraphs  8 
and  9,  pp.  1992-3,  Hurd's  R.  S.  of  1905,  Chapter  136. 

(forms  of  complaint  omitted.) 

TOBACCO. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  to  prohibit  selling,  giving  or  furnishing  tobacco  in  any 
of  its  forms  to  minors  and  providing  a  penalty  therefor.  Ap- 
proved June  15,  1887.  In  force  July  1,  1887.  Laws  of  1887, 
p.  29. 

The  penal  provisions  of  this  act  are  found  in  paragraphs  42/ 
and  42(7,  p.  677,  Hurd's  R.  S.  of  1905,  Chapter  38. 

FORMS  OP   complaint. 

did  then  and  there  (here  insert  "sell  to,"  "buy  for,"  or  "fur- 
nish to, ")  one ,  who  was  then  and 

there  under  the  age  of  sixteen  years  and  of  about  the  age  of ... . 

years   (here  insert  " cigars, "  or  " 

cigarettes, "  or  " ounces  of  tobacco  in  the  form  of 

")  without  the  written  order  of  the  parent  of  said.  . 


TOLL  BRIDGES. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  to  revise  the  law  in  relation  to  toll  bridges.  Approved 
.March  23,  1874.     In  force  July  1,  1874.     R.  S.  of  1874,  p.  1059. 

An  act  amendatoi-y  of  the  foregoing  act.  See  Laws  of  1879, 
p.  315. 

The  penal  provisions  of  these  acts  are  found  in  paragraphs  9, 
II,  and  13,  p.  1994  of  Hurd's  R.  S.  of  1905,  Chapter  137. 

(forms   of    INFORMATION'   OMITTED.) 


STATUTORY    MISDEMEANORS.  413 

TOLL  ROADS. 
The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts : 

An  act  to  revise  the  law  in  relation  to  toll  roads.  Approved 
i^Iarch  25,  1874.     In  force  July  1,  1874.    R.  S.  of  1874,  p.  1061. 

An  act  amendatory  of  the  foregoing"  act.  See  Laws  of  1877,  p. 
211. 

The  penal  provisions  of  these  acts  are  found  in  paragTaplis 
10,  11  and  13  on  page  1996,  and  paragraph  21,  p.  1997  of  Hurd*s 
R.  S.  of  1905,  Chapter  138. 

(forms  of  complaint  omitted.) 

TOWNSHIP  ORGANIZATION. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  to  revise  the  law  in  relation  to  township  organization. 
Approved  and  in  force  March  4,  1874.     R.  S.  of  1874,  p.  1065. 

Acts  amendatory  of  the  foregoing  act.  See  Laws  of  1875,  p. 
Ill;  Laws  of  1879,  p.  316;  Laws  of  1883,  p.  174;  Laws  of  1887, 
p.  300;  Laws  of  1889,  p.  359;  Laws  of  1901,  p.  309;  Laws  of 
1903,  p.  352  and  353. 

The  penal  provisions  of  these  acts  are  found  in  paragraphs 
p.  2013  and  paragraphs  109  and  116,  p.  2016,  Hurd's  R.  S.  of 
1905,  Chapter  139. 

(forms  of  complaint  omitted.) 

TRADE  MARKS  AND  LABELS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  to  protect  associations,  unions  of  working  men  and 
persons  in  their  labels,  trade  marks  and  forms  of  advertising. 
Approved  May  8,  1891.  In  force  July  1,  1891.  Laws  of  1891, 
p.  202. 

Acts  amendatory  of  the  foregoing  act.  See  Laws  of  1895,  p. 
320;  Laws  of  1899,  p.  367. 


414  PRACTICE    IN    THE    MUNICIPAL    COURT. 

The  penal  provisions  of  these  acts  are  foniul  in  paracrraphs 
2,  3,  5,  6  and  7,  pp.  2021-3,  Hurd's  R.  S.  of  1905,  Chapter  140. 

(forms  op  inpormation  omitted.) 

TRESPASS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Aproved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of  1874, 
p.  352. 

The  penal  provisions  in  question  are  found  in  paragraphs  266- 
9,  p.  725  of  Hurd's  R.  S.  of  1905,  Chapter  38. 

FORMS  OF  information. 

1.  TRESPASS    UPON    GARDENS,    ETC.,    PAGE    725,    PAR.    266. 

did  then  and  there  enter  and  pass  over  a  certain   (here  insert 

"garden,"  "yard,"  or  " field,")  then  and  there 

belonging  to  one  after  he,  the  said 

had  then  and  there  been  express- 
ly forbidden  so  to  do  by  one ,  who  was 

then  and  there  the  (here  insert  "owner,"  or  "occupant  there- 
of"). 

2.  TRESPASS  UPON  ORCHARDS,  ETC.      PAGE  725,   PAR.  267. 

did  willfully  enter  the  enclosure  of  one 

without  the  leave  of  said who  was  then  and 

there  the  owner  thereof  and  did  then  and  there  (here  insert 
"pick,"  "destroy,"  or  "carry  away,")  a  (here  insert  "part," 
or  "portion,")  of  the  fruit  of  a  certain  (here  insert  "apple," 

"pair,*'  "peach,"  "plum,"  or  " ")   (here  insert 

"tree,"  "vine,"  or  "bush,") 

TRUSTS,  POOLS  AND  COMBINATIONS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  to  provide  for  the  punishment  of  persons,  copartner- 
ships or  corporations  forming  pools,  trusts  and  combines  and 
mode  of  procedure  and  rules  of  evidence  in  such  eases.     Ap- 


STATUTORY    MISDEMEANORS.  415 

proved  June  11,  1891.     In  force  July  1,  1891.      Laws  of  1891, 
p.  206. 

An  act  amendatory  of  the  foregoing  act.     Laws  of  1893,  p.  91. 
The  penal  provisions  of  these  acts  are  found  in  paragraphs 
269a  to  269d,  pp.  725-6  of  Hurd's  R.  S.  of  1905,  Chapter  38. 

(forms  of  information  omitted.) 

An  act  to  define  trusts  and  conspiracies  against  trade,  declar- 
ing contracts  in  violation  of  the  provisions  of  this  act  void,  and 
making  certain  acts  in  violation  thereof  misdemeanors  and  pre- 
scribing the  punishment  therefor  and  matters  connected  there- 
with. Approved  June  20,  1893.  In  force  July  1,  1893.  Laws 
of  1893,  p.  182. 

The  penal  provisions  of  this  act  are  found  in  paragraph  269o, 
p.  728,  Hurd's  R.  S.  of  1905,  Chapter  38. 

(forms  of  information  omitted.) 

UNITED  STATES. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  act: 

An  act  relating  to  the  operations  of  the  United  States  coast 
and  geodetic  survey.  Approved  April  21,  1881.  In  force  July 
1,  1881.     Laws  of  1881,  p.  154. 

The  penal  provisions  of  this  act  are  found  in  paragiaph  10, 
p.  2028  of  Hurd's  R.  S.  of  1905. 

(forms  of  complaint  omitted.) 

VAGABONDS. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts: 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

An  act  amendatory  of  the  foregoing  act.     Laws  of  1877,  p.  87. 
The  penal  provisions  of  these  acts  in  question  are  found  in 
paragraph  271,  pp.  729-30,  Hurd's  R.  S.  of  1905. 


416  PRACTICE   IN   THE   MUNICIPAL   COURT, 

FORMS  OF  INFORMATION. 
(1.) 

was  then  and  there  an  idle  and  dissolute  person, 

(2.) 
did  then  and  there  go  about  begging, 

(3.) 
did  then  and  there  use  juggling  (or  whatever  other  unlawful 
game  or  play  was  used), 

(4.) 
was  then  and  there  a  pilferer, 

(5.) 
was  then  and  there  a  confidence  man, 

(6.) 
was  then  and  there  a  common  drunkard, 

(7.) 
was  then  and  there  a  common  night  walker, 

(8.) 
was  then  and  there  lewd,  wanton  and  lascivious  in  speech  and 
behavior, 

(9.) 
was  then  and  there  a  common  brawler, 

(10.) 
was  then  and  there  habitually  neglectful  of  his  employment  (or 
"his  calling")   and  did  not  lawfully  provide  for  himself  (or 
"for  the  support  of  his  family,") 

(11.) 
was  then  and  there  idle  (or  "dissolute")  and  did  then  and  there 
neglect  all  lawful  business,  and  did  then  and  there  habitually 
misspend  his  time  by  frequenting  houses  of  ill  fame,  gambling 
houses  and  tippling  shops, 

(12.) 
was  then  and  there  lodging  in  (or  "found  in  the  night  time  in") 
an  out  house  (or  "shed,"  or  "barn,"  or  "unoccupied  building," 


STATUTORY   MISDEMEANORS.  417 

or  "in  the  open  air,")  and  did  not  then  and  there  give  a  good 
account  of  himself, 

(13.) 

was  then  and  there  a  thief  (or  "burglar,"  or  "pickpocket,")  by 
his  own.  confession  (or  "by  his  having  been  convicted  of  lar- 
ceny," or  "by  his  having  been  convicted  of  burglary,"  or  "by 

his  having  been  convicted  of  the  crime  of , 

punishable  by  imprisonment  in  the  state  prison,"  or  "by  his 
having  been  convicted  of  the  crime  of ,  pun- 
ishable by  imprisonment  in  a  house  of  correction,")  and  did 
then  and  there  have  no  lawful  means  of  support  and  was  then 
and  there  habitually  found  prowling  around  a  steamboat  land- 
ing, (or  "a  railroad  depot,"  or  "a  banking  institution,"  or 
"broker's  office,"  or  "a  place  of  public  amusement,"  or  "an 
auction  room,"  or  "a  store,"  or  "a  shop,"  or  "crowded  thor- 
oughfare," or  "a  crowded  car,"  or  "a  crowded  omnibus,"  or 
"at  a  public  gathering, "  or  "at  a  public  assembly, "  or  " loung- 
ing about  a  court  room, "  or  "  lounging  about  a  private  dwelling 
house,"  or  "lounging  about  an  out'  house,"  or  "in  a  house  of 
ill  fame,"  or  "in  a  gambling  house,"  or  "in  a  tippling  shop,") 

(14.) 
was  then  and  there  a  vagabond, 

WEIGHTS  AND  MEASURES. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
following  acts : 

An  act  to  revise  the  law  in  relation  to  weights  and  measures. 
Approved  February  27,  1874.  In  force  July  1,  1874.  E.  S.  of 
1874,  p.  1098. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1891, 
p.  214. 

The  penal  provisions  of  these  acts  are  found  in  paragraphs  8, 
13  and  14,  pp.  2048-9,  Kurd's  R.  S.  of  1905^  Chapter  147. 
(forms  of  complaint  omitted.) 

WITNESSES. 

The  statutory  provisions  on  this  subject  are  contained  in  the 
follovring  acts: 
27 


418  PRACTICE    IN    THE    MUNICIPAL    COURT. 

An  act  to  revise  the  law  in  relation  to  criminal  jurisprudence. 
Approved  March  27,  1874.  In  force  July  1,  1874.  R.  S.  of 
1874,  p.  352. 

An  act  amendatory  of  the  foregoing  act.  See  Laws  of  1877^ 
p.  89. 

The  penal  provisions  of  these  acts  are  found  in  paragraph 
272,  p.  730,  Kurd's  R.  S.  of  1905. 

(forms  of  information  omitted.) 


CHAPTER  III. 

PROCEEDINGS  TO  PREVENT  COMMISSION  OF 
CRIMES. 

The  practice  in  this  class  of  cases  is  not  regulated  by  the 
Municipal  Court  Act,  but  by  Division  V,  of  the  Criminal  Code 
(Kurd's  R.  S.  of  1905,  paragraphs  319-338),  which  imposes  cer- 
tain duties  upon  "all  judges  of  courts  of  record  within  their  re- 
spective jurisdictions."  The  method  of  procedure  is  treated  in 
Moore's  Criminal  Law  (Second  Ed.),  Chapter  II.,  Section  I., 
pp.  18-27.  For  present  purposes  it  will  be  sufficient  to  present 
Division  V.  of  the  Criminal  Code,  with  such  changes  and  addi- 
tions as  will  show  its  application  in  the  municipal  court.  This 
will  make  it  read  as  follows : 

DIVISION  V. 

PROCEEDINGS   TO   PREVENT    COMMISSION   OP    CRIMES. 

Section  1.  All  judges  of  the  Municipal  Court  of  Chicago 
within  said  city  of  Chicago  are  conservators  of  the  peace  and 
shall  cause  to  be  kept  all  laws  made  for  the  preservation  of  the 
peace  and  may  require  persons  to  give  security  to  keep  the  peace 
or  for  their  good  behavior,  or  both,  as  provided  by  this  act. 

Section  2.  When  complaint  is  made  to  any  such  judge  that 
a  person  has  threatened  or  is  about  to  commit  an  offence  against 
the  person  or  property  of  another,  he  shall  examine  on  oath  the 
complainant  and  any  witness  who  may  be  produced  and  reduce 
the  complaint  to  writing  and  cause  it  to  be  subscribed  and  sworn 
to  by  the  complainant. 

Section  3.  If  such  judge  is  satisfied  that  there  is  danger  that 
such  offence  will  be  committed,  he  shall  issue  a  warrant  requir- 
ing the  proper  officer  to  whom  it  is  directed  forthwith  to  appre- 
hend the  person  complained  of  and  bring  him  before  such  judge 
or  before  some  other  court  or  judge  having  jurisdiction  in  the 
premises. 

419 


420  PRACTICE   IN    THE   MUNICIPAL    COURT. 

Section  4.  When  the  person  complained  of  is  brought  before 
the  court  or  magistrate,  if  the  charge  is  controverted,  the  testi- 
mony on  both  sides  shall  be  heard. 

Section  5.  If  it  appear  that  there  is  no  just  reason  to  fear 
the  commission  of  the  offence  the  defendant  shall  be  discharged ; 
and  if  the  judge  be  of  the  opinion  that  the  prosecution  was  com- 
menced maliciously  without  probable  cause,  he  may  give  judg- 
ment against  the  complainant  for  the  costs  of  prosecution. 

Section  6.  If,  however,  there  is  just  reason  to  fear  the  com- 
mission of  such  offence,  the  defendant  shall  be  required  to  give 
a  recognizance  with  sufficient  security  in  such  sum  as  the  judge 
may  direct,  to  keep  the  peace  towards  all  people  of  this  State 
and  especially  towards  the  person  against  whom,  or  whose  prop- 
erty, there  is  reason  to  fear  the  offence  may  be  committed  for 
such  time  not  exceeding  twelve  months^  as  the  court  or  magis- 
trate may  order.  But  he  shall  not  be  bound  over  to  the  next 
court  unless  he  is  also  charged  with  some  other  offence  for  which 
he  ought  to  be  held  to  answer  at  such  court. 

Section  7.  If  the  person  so  ordered  to  recognize  complies 
with  the  order  he  shall  be  discharged;  but  if  he  refuses  or  neg- 
lects, the  judge  shall  commit  him  to  jail  during  the  period  for 
which  he  was  required  to  give  security  or  until  he  so  recognizes, 
stating  in  the  warrant  the  cause  of  commitment  with  the  sum 
and  time  for  which  the  security  was  required. 

Section  8.  When  a  person  is  required  to  give  security  to 
keep  the  peace  or  for  his  good  behavior,  the  judge  may  further 
order  that  the  costs  of  prosecution,  or  any  part  thereof,  shall 
be  paid  by  such  person  who  shall  stand  committed  until  the 
costs  are  paid  or  he  is  otherwise  legally  discharged. 

Section  9.  Whoever  is  aggrieved  by  the  order  or  otherwise 
requiring  him  to  recognize  as  aforesaid,  may  on  giving  the  se- 
curity required  appeal  to  the  next  term  of  the  criminal  court  of 
Cook  county.  Such  recognizance  shall,  in  case  of  an  appeal,  con- 
tain a  condition  that  the  appellant  will  pay  the  costs  of  the  ap- 
peal in  case  the  order  is  affirmed  or  the  appeal  dismissed. 

Section  10.     The  judge  shall  when  necessary  require  the  wit- 


TO  PREVENT  COMMISSION  OF  CRIMES.  421 

nesses  to  support  the  complaint  to  recognize  for  their  appearance 
at  the  court  appealed  to. 

Section  13.  A  person  committed  for  not  finding  sureties  or 
refusing  to  recognize,  as  required  by  the  judge,  may  be  dis- 
charged by  any  judge  on  giving  such  security  as  was  required. 

Section  14.  Every  'recognizance  taken  in  pursuance  of  the 
foregoing  provisions  shall  be  transmitted  by  the  judge  to  the 
criminal  court  of  Cook  county  by  the  first  day  of  the  next  term 
and  shall  be  filed  of  record  by  the  clerk  and  upon  a  breach  of 
the  condition  the  same  shall  be  prosecuted  by  the  state's  at- 
torney. 

Section  18.  The  sureties  of  any  person  bound  to  keep  the 
peace  may,  at  any  time,  surrender  their  principal  to  the  sheriff 
of  the  county  under  the  same  rules  and  regulations  governing 
the  surrender  of  the  principal  in  other  criminal  cases. 

Section  19.  The  person  so  surrendered  may  recognize  anew 
with  sufficient  sureties  before  any  judge  of  the  municipal  court 
for  the  residue  of  the  time  and  shall  thereupon  be  discharged. 

Section  20.  No  proceeding  to  prevent  a  breach  of  the  peace 
shall  be  dismissed  on  account  of  any  informality  or  insufficiency 
in  the  complaint,  or  any  writ  or  proceeding,  but  the  same  may 
be  amended  by  order  of  the  judge  to  conform  to  the  truth  in 
the  case. 


CHAPTER  IV. 

ARREST,  EXAJVIINATION,  COMMITMENT  AND  BAIL  OP 
PERSONS  CHARGED  WITH  CRIMINAL  OFFENCES. 

The  practice  in  this  class  of  cases  is  not  referred  to  in  the 
Municipal  Court  Act,  but  is  provided  for  by  Division  VII.  of  the 
Criminal  Code  (Hurd's  R.  S.  of  1905,  paragraphs  319-338) 
which  declares  that  "any  judge  of  a  court  of  record  in  vacation 
as  well  as  in  term  time,  or  any  justice  of  the  peace"  is  author- 
ized to  issue  process  to  carry  into  effect  the  provisions  of  the 
criminal  code  with  respect  thereto.  The  method  of  procedure  is 
treated  in  Moore's  Criminal  Law  (Second  Ed.)  Chapter  II.,  Sec- 
tion II.,  pp.  28-102.  For  present  purposes  it  will  be  sufficient  to 
present  Division  VII.  of  the  Criminal  Code  with  such  changes 
and  additions  as  will  show  its  application  in  the  municipal  court. 
This  will  make  it  read  as  follows : 

DIVISION  VIL 

ARREST,    EXAMINATION,    COMMITMENT   AND    BAIL. 

Section  1.  For  the  apprehension  of  persons  charged  with 
offences  any  judge  of  the  municipal  court  is  authorized  to  issue 
process  to  carry  into  effect  the  following  provisions  of  this  act : 

Section  2.  Upon  complaint  made  to  such  judge  that  any 
such  criminal  offence  has  been  committed  he  shall  examine  on 
oath  the  complainant  and  any  witness  produced  by  him,  shall 
reduce  the  complaint  to  writing,  and  cause  it  to  be  subscribed 
and  sworn  to  by  the  complainant;  which  complaint  shall  con- 
tain a  concise  statement  of  the  offence  charged  to  have  been  com- 
mitted and  the  name  of  the  person  accused,  and  that  the  com- 
plainant has  just  and  reasonable  grounds  to  believe  that  such 
person  committed  the  offence. 

Section  3.  If  it  appears  that  such  offence  has  been  commit- 
ted, the  judge  shall  issue  a  warrant  directed  to  all  sheriffs,  cor- 
oners and  constables  within  this  State,  stating  the  offence  by 

422 


ARREST,  EXAMINATION,  COMMITMENT  AND  BAIL.  423 

name  or  so  that  it  can  be  clearly  inferred,  the  name  of  the  per- 
son accused  and  requiring  the  officer  to  whom  it  is  directed 
forthwith  to  take  the  person  of  the  accused  and  bring  him  be- 
fore such  judge  or,  in  case  of  his  absence  or  inability  to  act, 
before  any  other  judge  or  justice  in  the  county,  and  in  the 
same  warrant  may  require  the  officer  to  summon  such  witnesses 
as  shall  be  therein  named  to  appear  and  give  evidence  on  the 
examination. 

Section  4,  If  the  name  of  the  defendant  is  unknown  to  the 
complainant  or  judge  he  may  be  designated  by  any  name,  de- 
scription or  circumstances  by  which  he  can  be  identified  with 
reasonable  certainty,  and  if  upon  arrest  he  refuses  to  disclose  his 
true  name  he  may  be  tried  and  convicted  by  the  name  used  in 
the  warrant. 

Section  5.  The  judge  issuing  the  warrant  may  make  an  or- 
der thereon  authorizing  a  person  to  be  named  in  the  order  to 
execute  the  same  and  the  person  so  named  may  execute  such 
warrant  in  the  same  manner  and  shall  have  like  powers  as  if 
he  were  the  officer  named  in  the  warrantj  and  all  sheriffs,  cor- 
oners, constables  and  others,  when  required  in  their  respective 
counties,  shall  aid  in  the  execution  of  such  warrant. 

Section  6.  If  a  person  against  whom  a  warrant  is  issued 
for  any  alleged  offence  before  or  after  the  issuing  of  such  war- 
rant escapes  from  or  is  out  of  the  county,  the  officer  to  whom 
such  warrant  is  directed  may  pursue  and  apprehend  the  party 
charged  in  any  county  of  this  State  and  for  that  purpose  may 
command  aid  and  exercise  the  same  authority  as  in  his  own 
county. 

Section  7.  "When  a  person  is  arrested  in  a  county  other  than 
that  in  which  the  offence  was  conunitted,  the  officer  shall  take 
him  before  the  judge  who  issued  the  warrant,  or,  in  his  absence, 
before  a  judge  or  justice  of  the  peace  of  the  county  in  which 
the  warrant  was  issued. 

Section  8.  The  officer  or  any  person  so  authorized  having 
the  custody  of  a  prisoner,  may  pass  through  any  counties  which 
may  be  in  his  route  between  the  place  of  arrest  and  the  place  to 
which  he  is  taking  the  prisoner  and  may  lodge  the  prisoner  in 


424  PRACTICE    IN    THE    MUNICIPAL    COURT. 

any  jail  on  the  route  for  safe  custody  for  one  night  or  more  as 
circumstances  may  require. 

Section  9.  Every  person  arrested  by  warrant  for  any  of- 
fence, where  no  other  provision  is  made  for  his  examination 
thereon,  shall  be  brought  before  the  judge  who  issued  the  war- 
rant or,  if  he  is  absent  or  unable  to  attend,  before  some  other 
judge  or  justice  of  the  same  county;  and  the  warrant,  with  a 
proper  return  thereon  signed  by  the  person  who  made  the  arrest, 
shall  be  delivered  to  such  judge  or  justice. 

Section  10.  The  judge  may  for  good  cause  appearing  ad- 
journ an  examination  or  trial  pending  before  himself  from 
time  to  time  as  occasion  requires,  not  exceeding  ten  days  at  any 
one  time,  without  the  consent  of  the  defendant  or  person 
charged.  In  the  meantime  if  the  party  is  charged  with  an  of- 
fence not  bailable  he  shall  be  committed;  otherwise  he  may  be 
recognized  in  a  sum  and  with  sureties  to  the  satisfaction  of  such 
judge  for  his  appearance  for  further  examination,  and  for  want 
of  such  recognizance  he  shall  be  committed  to  jail. 

Section  11.  If  the  person  so  recognized  does  not  appear  be- 
fore the  judge  according  to  the  condition  of  such  recognizance, 
the  judge  shall  record  the  default,  but  such  default  may  be  set 
aside  by  the  judge  for  good  cause  shown  on  the  appearance  of 
the  accused  at  any  time  to  which  the  matter  may  be  continued 
by  such  judge,  and  in  case  such  default  is  not  set  aside  as  afore- 
said the  judge  shall  certify  the  recognizance  with  a  record  of 
the  default  to  the  court  having  cognizance  of  the  offence  and 
like  proceedings  may  be  had  thereupon  as  upon  a  breach  of  the 
condition  of  a  recognizance  for  appearing  before  such  court  or 
an  action  of  debt  may  be  maintained  thereon. 

Section  12.  When  a  person  fails  to  recognize  he  may  be 
committed  to  jail  by  an  order  of  the  judge,  which  order  shall 
be  in  writing  and  contain  a  concise  statement  of  the  reason  of 
such  commitment  and  the  date  and  place  appointed  for  his  ex- 
amination, and  on  the  day  appointed  he  may  be  brought  before 
the  judge  by  his  verbal  order  to  the  officer  who  made  the  com- 
mitment or  by  any  order  in  writing  to  a  different  person. 

Section  13.     The  prisoner  shall  not  in  any  case  be  discharged 


ARREST,  EXAMINATION,  COMMITMENT  AND  BAIL.  425 

on  account  of  any  insufficiency  or  informality  in  the  complaint 
or  on  account  of  any  informality  in  the  warrant  or  because  it 
is  not  under  the  seal  of  the  judge  or  justice;  but  the  warrant 
may  be  amended  by  the  judge  at  any  time  pending  the  pro- 
ceedings. 

Section  14.  The  judge  before  whom  any  person  charged  with 
a  criminal  offence  is  brought  with  or  without  a  warrant,  shall, 
as  soon  as  may  be,  examine  the  witness  in  support  of  the  prose- 
cution as  well  as  those  who  may  be  produced  on  behalf  of  the 
accused  on  oath  in  the  presence  of  the  party  charged  in  relation 
to  any  matter  connected  with  such  charge  which  he  may  deem 
pertinent. 

Section  15.  While  a  witness  is  being  examined  the  judge  or 
justice  of  the  peace  may,  if  he  sees  cause,  exclude  from  the  place 
of  examination  all  the  other  witnesses,  or  direct  the  witnesses  to 
be  kept  separate  so  that  they  can  not  converse  with  each  other 
until  they  have  been  examined. 

Section  16.  If  it  appears  to  the  judge  upon  the  whole  ex- 
amination that  no  offence  has  been  committed  or  that  there  is 
no  probable  cause  for  charging  the  prisoner  with  the  offence,  he 
shall  be  discharged. 

Section  17.  If  it  appears  that  an  offence  has  been  committed 
and  that  there  is  probable  cause  to  believe  the  prisoner  guilty, 
and  if  the  offence  is  bailable  by  the  judge  and  the  prisoner  offers 
sufficient  bail,  it  shall  be  taken  and  the  prisoner  discharged ;  but 
if  no  sufficient  bail  is  offered  or  the  offence  is  not  bailable  by 
the  judge  or  justice,  the  prisoner  shall  be  committed  to  jail  for 
trial. 

Section  18.  When  the  prisoner  is  admitted  to  bail  or  com- 
mitted the  judge  shall  bind  by  recognizance  such  witnesses 
against  the  prisoner  as  he  deems  material  to  appear  and  testify 
at  the  next  court  having  cognizance  of  the  offence  and  in  which 
the  prisoner  shall  be  held  to  answer:  Provided,  no  such  witness 
shall  be  required  to  give  other  security  than  his  own  recogni- 
zance for  such  appearance. 

Section  19.  When  a  married  woman  or  minor  is  a  material 
witness  any  other  person  may  be  allowed  to  recognize  for  the  ap- 


426  PRACTICE   IN    THE   MUNICIPAL    COURT. 

pearance  of  such  witness;  or  the  judge  may  in  his  discretion 
take  recognizance  of  such  married  woman  or  minor  in  a  sum  not 
exceding  $50,  which  shall  be  valid  and  binding  in  law  notwith- 
standing the  coverture  or  minority:  Provided,  that  no  such 
minor  or  married  woman  shall  be  required  to  give  other  security 
than  his  or  her  own  recognizance  for  such  appearance. 

Section  20.  Witnesses  required  to  recognize  shall  if  they  re- 
fuse be  committed  to  jail  by  the  judge,  thei'e  to  remain  until 
they  comply  with  such  order  or  are  otherwise  discharged  accord- 
ing to  law. 

Section  21.  "When  any  defendant  or  witness  is  committed 
because  he  fails  to  enter  into  a  recognizance  as  required  by  law, 
or  because  the  offence  is  not  bailable,  the  judge  shall  make  out 
his  warrant  of  commitment  directed  to  the  sheriff,  coroner  or 
any  constable,  and  containing  a  short  recital  of  the  cause  of 
commitment  and  commanding  the  officer  to  commit  the  prisoner 
to  the  county  jail  and  deliver  him  to  the  keeper  thereof,  and  the 
jailer  to  receive  him  into  his  custody  and  safely  keeping  him 
until  he  is  discharged  by  process  of  law.  No  mittimus  shall  be 
considered  defective  for  want  of  the  seal  of  the  judge,  or  other 
legal  or  technical  form,  if  sufficient  appear  on  its  face  to  ascer- 
tain for  what  crime  or  offence  the  prisoner  is  committed. 

Section  22.  If  the  offence  is  bailable  or  the  person  committed 
is  a  witness  the  judge  shall  endorse  on  the  warrant  of  com- 
mitment the  amount  of  bail  required. 

Section  23.  The  judge  committing  any  person  upon  a  crim- 
inal charge  shall  endorse  upon  the  warrant  of  commitment  the 
names  and  residences  of  the  principal  witnesses  by  whom  the 
crime  was  proved  before  him. 

Section  24.  The  officer  delivering  the  prisoner  to  the  custody 
of  the  jailer  shall  also  deliver  to  him  such  warrant  of  commit- 
ment to  be  by  him  duly  preserved. 

Section  25.  Whenever  any  prisoner  in  the  custody  of  the 
sheriff  of  any  county  on  any  warrant  of  commitment,  as  afore- 
said, shall,  by  himself  or  his  attorney,  demand  of  said  sheriff  a 
copy  of  said  warrant  of  conunitment,  said  sheriff'  shall  endorse 


ARREST,  EXAMINATION,  COMMITMENT  AND  BAIL.  427 

on  the  said  copy  the  names  of  the  witnesses  written  thereon  as 
aforesaid  and  deliver  the  same  to  the  prisoner  or  his  counsel; 
and  any  judge  who  shall  neglect  to  write  the  name  or  names  of 
the  witnesses  aforesaid  on  the  warrant  of  commitment,  or  any 
sheriff  who  on  such  demand  shall  neglect  to  endorse  the  name  of 
said  witness  or  witnesses  on  any  copy  of  said  commitment,  or  de- 
liver the  same  to  the  prisoner  or  his  counsel,  each  judge  or  sher- 
iff offending  in  the  premises  shall  be  fined  the  sum  of  $20  to  be 
recovered  by  action  of  debt  in  the  name  and  for  the  use  of 
any  person  who  shall  sue  for  the  same  in  any  court  of  record. 


CHAPTER  V. 

PROCEEDINGS  PERTAINING  TO  SEARCH  WARRANTS. 

Nothing  is  contained  in  the  Municipal  Court  Act  upon  this 
subject.  But  Division  VIII.  of  the  Criminal  Code  (Hurd's  R. 
S.  of  1905,  paragraphs  372-380)  confers  authority  in  respect  to 
search  warrants  upon  "any  judge  or  justice  of  the  peace."  The 
method  of  procedure  is  treated  in  Moore's  Criminal  Law  (Second 
Ed.)  Chapter  II.,  Section  III.,  pp.  102-115.  For  present  pur- 
poses it  will  be  sufficient  to  present  Division  VIII.  of  the  Crim- 
inal Code  with  such  changes  and  additions  as  will  show  its  appli- 
cation in  the  municipal  court.    This  will  make  it  read  as  follows : 

DIVISION  VIII. 

SEARCH  WARRANTS. 

Section  1.  When  complaint  is  made  in  writing,  verified  bj'" 
affidavit,  to  any  judge  of  the  municipal  court  that  personal  prop- 
erty (particularly  describing  the  same)  has  been  stolen,  embez- 
zled or  fraudulently  obtained  by  false  tokens  or  pretences  and 
that  the  complainant  believes  that  it  is  concealed  in  any  house 
or  place  (particularly  describing  the  same)  the  judge,  if  he  is 
satisfied  that  there  is  reasonable  cause  for  such  belief,  shall  issue 
a  warrant  to  search  such  house  or  place  for  such  property. 

Section  2.  Any  such  judge  may  on  like  complaint  made  un- 
der oat^  issue  search  warrants  when  satisfied  that  there  is  rea- 
sonable cause  in  the  following  cases,  to-wit: 

1.  To  search  for  and  seize  counterfeit  or  spurious  coin, 
forged  bank  notes  and  other  forged  instruments,  or  tools,  ma- 
chinery or  materials  prepared  or  provided  for  making  either  of 
them. 

2.  To  search  for  and  seize  books,  pamphlets,  ballads,  printed 
papers  or  other  things  containing  obscene  language,  or  obscene 
prints,  pictures,  figures  or  descriptions,  manifestly  tending  to 
corrupt  the  morals  of  youth,  and  intended  to  be  sold,  loaned,  cir- 

428 


I 


SEARCH  WARRANTS.  429 

Ciliated  or  distributed,  or  to  be    introduced    into    any    family, 
school,  or  place  of  education. 

3.  To  search  for  and  seize  lottery  tickets,  or  materials  for  a 
lottery,  unlawfully  made,  provided  or  procured,  for  the  pur- 
pose of  drawing  a  lottery. 

4.  To  search  for  and  seize  gaming  apparatus,  or  implements 
used,  or  kept  and  provided  to  be  used  in  unlawful  gaming,  in 
any  gaming  house,  or  in  any  building,  apartment,  or  place  re- 
sorted to  for  the  purpose  of  unlawful  gaming. 

Section  3.  All  such'  warrants  shall  be  directed  to  the  sheriff 
or  any  constable  of  the  county  commanding  such  officer  to  search 
in  daytime  the  house  or  place  where  the  stolen  property  or  other 
things  for  which  he  is  required  to  search  are  believed  to  be  con- 
cealed) which  place  or  property  or  thing  to  be  searched  for 
shall  be  particularly  designated  and  described  in  the  warrant), 
and  to  bring  such  stolen  property  or  other  things,  when  found, 
and  the  person  in  whose  possession  they  are  found,  to  the  judge 
who  issued  the  warrant,  or  to  some  other  judge  or  justice  of  the 
peace  or  court  having  cognizance  of  the  case. 

Section  4.  If  there  is  satisfactory  evidence  that  any  prop- 
erty stolen,  embezzled  or  obtained  by  false  tokens  or  pretences, 
or  that  any  of  the  other  things  for  which  a  search  warrant  may 
be  issued  by  the  provisions  of  this  act  are  kept,  concealed,  pre- 
pared or  used  in  a  particular  house  or  place,  a  warrant  may 
be  issued  by  two  judges  to  authorize  the  search  of  such  house  or 
place  in  the  night-time  and  to  bring  the  property  or  things  de- 
scribed in  the  warrant  or  summons  and  the  person  in  whose  pos- 
session they  are  found,  before  either  of  the  judges  who  issued 
the  warrant  or  some  other  judge  or  justice  of  the  peace  of  the 
county. 

Section  5.  The  officer  may  break  open  any  outer  or  inner 
door  or  window  of  a  house  or  anything  therein  if  after  notice  of 
his  authority  and  purpose  he  is  refused  admittance,  using  no 
more  force  than  is  necessary. 

Section  6.  The  return  of  the  officer  shall  particularly  speci- 
fy the  property  taken  and  the  place  where  and  the  person  from 
whom  the  property  is  taken. 


430  PRACTICE   IN   THE   MUNICIPAL   COURT. 

Section  7.  When  an  officer  in  the  execution  of  a  search  war- 
rant finds  stolen  or  embezzled  property  or  seizes  any  of  the 
other  things  for  which  a  search  is  allowed  by  this  act,  all  the 
property  and  things  so  seized  shall  be  safely  kept  by  direction 
of  the  judge  or  court  so  long  as  necessary  for  the  purpose  of 
being  produced  or  used  as  evidence  on  any  trial.  As  soon  as 
may  be  afterwards,  all  such  stolen  and  embezzled  property  shall 
be  restored  to  the  owner  thereof  and  all  the  other  things  seized 
by  virtue  of  such  warrants  shall  be  burnt  or  otherwise  destroyed 
under  the  direction  of  the  judge  or  court. 

Section  8.  If  on  the  hearing  it  appears  that  there  was  no 
probable  cause  for  suing  out  the  warrant  the  whole  cost  may  be 
taxed  against  the  complainant  and  execution  awarded. 

Section  9.  When  a  person  charged  with  a  felony  is  suspected 
by  the  judge  before  whom  he  is  brought  to  have  upon  his  person 
a  dangerous  weapon  or  anything  that  may  be  used  as  evidence 
of  the  commission  of  the  offence,  the  judge  may  direct  him  to  be 
searched  in  his  presence  and  such  weapon  or  other  thing  to  be 
retained  subject  to  the  order  of  the  court  in  which  the  defendant 
may  be  tried. 


PART    V.     /THE   PRACTICE    IN    QUASI 
CRIMINAL   CASES. 

CHAPTER  I. 

THE  PRACTICE  IN  QUASI  CRIMINAL  CASES  IN  GEN- 
ERAL. 

Quasi  criminal  eases  in  the  municipal  court  are  either  cases  of 
the  second  class  or  of  the  fourth  class.  Those  of  the  second  class 
are  cases  transferred  to  the  municipal  court  by  change  of  venue 
or  otherwise,  by  the  circuit  court  of  Cook  county,  or  by  the 
superior  court  of  Cook  county,  or  by  the  criminal  court  of  Cock 
county,  for  trial  and  dispositon.  The  practice  in  quasi  crim- 
inal cases  of  the  second  class  in  the  municipal  court,  unless  in 
very  exceptional  cases,  will  be  the  same  in  all  respects  as  that  in 
civil  cases  of  the  second  class.  (See  Chapter  II,  Part  II,  ante.) 
With  reference  to  the  practice,  quasi  criminal  cases  of  the  fourth 
class  will  be  of  two  kinds,  being,  first,  those  prosecuted  by  sum- 
mons and,  second,  those  prosecuted  by  warrant. 

First.  Cases  prosecuted  by  summons  will  be  (a)  those  where 
the  offense  complained  of  is  not  also  a  violation  of  the  criminal 
code  and  in  which  there  is  no  proper  showing  made  that  the 
party  charged  will  escape  unless  arrested,  and  (b)  those  which 
are  also  violations  of  the  criminal  code,  but  which  the  court  in 
its  discretion  may  direct  to  be  prosecuted  by  summons.  (Sec- 
tion 49.) 

It  is  the  intention  of  the  law  that  arrests  in  such  cases  shall 
be  made  only  when  that  course  seems  necessary  to  insure  that  the 
defendant  will  appear  and  abide  the  judgment  of  the  court. 
Heretofore  the  practice  has  been  to  issue  warrants  in  all  cases. 
The  result  has  been  that  many  citizens  have  been  subjected  to 
unnecessary  trouble  and  humiliation,  when  the  final  result  has 
shown  they  were  not  guilty  of  the  charges  made  against  them. 

431 


432  PRACTICE    IN    THE    MUNICIPAL   COURT. 

Not  only  have  they  been  subjected  to  arrests,  but  in  some  eases 
they  have  been  compelled  to  suffer  imprisonment  in  police  sta- 
tions. This  practice  will  not  be  permitted  in  the  municipal 
court,  excepting  in  the  cases  above  referred  to.  Neither  will  any 
defendant,  either  in  a  quasi  criminal  case  or^in  a  criminal  case, 
be  required  to  pay  any  costs  whatever,  excepting  in  case  of  con- 
viction. 

When  cases  are  commenced  by  summons  the  practice  will  be  in 
all  respects  the  same  as  that  prescribed  for  civil  cases  of  the 
fourth  class,  with  the  exception  that  if  the  defendant,  after  being 
served  with  summons,  fails  to  personally  appear  at  the  time 
specified  in  the  summons,  or  to  enter  his  appearance  at  or  before 
such  time,  the  court  may,  in  its  discretion,  issue  a  warrant  for 
his  arrest.  The  suit  will  be  conuiienced  by  the  filing  of  a  prae- 
cipe and  a  bill  of  particulars.  The  bill  of  particulars  should 
describe  the  offense  with  which  the  defendant  is  charged,  just 
as  it  would  be  described  in  an  affidavit  made  for  procuring  a 
warrant,  and  it  would  be  expedient  for  the  court,  through  its 
rules  and  regulations,  to  require  that  a  copy  of  the  praecipe  and 
bill  of  particulars  should  be  attached  to  the  copy  of  the  summons 
and  served  upon  the  defendant.  This  course  would  save  the 
defendant  or  his  attorney  if  he  employed  one,  the  trouble  of 
appearing  at  the  clerk's  office  and  examining  and  procuring  a 
copy  of  the  charges  against  him.  The  praecipe  and  bill  of  par- 
ticulars may  be  in  the  following  form : 

State  op  Illinois,  ^  In  the  Municipal  Court 

City  of  Chicago,     v  ss.  of  Chicago. 

First  District,       j 

The  City  of  Chicago  "J    No.  750.     Quasi  Criminal. 

vs.  V  Claim  for  Penalty. 

John  Doe.  )    Maximum  $50. 

To  the  Clerk  of  said  court :  , 

You  will  please  issue  a  summons  to  the  defendant  directed  to 
the  bailiff  to  execute  and  returnable  at  10  a.  m.  sharp  on  the 
10th  day  of  December,  1906. 

The  City  of  Chicago, 

by  Howard  S.  Taylor, 
Prosecuting  Attorney. 


QUASI  CRIMINAL  CASES.  433 

MEMORANDA  FOR  BAILIFF. 

Name  of  Defendant.       Place  of  Residence.       Place  of  Business. 
John  Doe.  476  Halsted  Street.     474  Halsted  Street. 

BILL  OF  PARTICULARS. 

Plaintiff's  claim  is  for  a  penalty  not  exceeding  $50  for  a  viola- 
tion by  the  defendant  of  Section  168  of  the  Revised  Municipal 
Code  of  Chicago  of  1905,  in  that  the  defendant  did,  at  No.  476 
Halsted  Street,  in  the  city  of  Chicago,  keep  a  billiard  table  for 
profit  and  did  then  and  there  permit  one  Richard  Roe  he,  the  said 
Richard  Roe  being  then  and  there  a  minor  under  the  age  oi 
eighteen  years,  to  play  thereon. 

Howard  S.  Taylor, 
Prosecuting  Attorney. 

If,  when  the  summons  has  been  duly  served,  the  defendant 
fails  to  appear  in  response  to  it,  the  court  will  be  at  liberty 
either  to  proceed  as  in  case  of  default,  or  to  issue  a  warrant  for 
the  defendant's  arrest.  When  a  warrant  issues  the  defendant 
may  be  arrested  and  dealt  with  as  in  a  case  in  which  a  warrant 
has  issued  in  the  first  instance. 

Second.  Cases  prosecuted  by  warrant  will  be  (a)  those  in 
which  the  offence  complained  of  is  also  a  violation  of  the  crim- 
inal code  and  (b)  those  in  which,  though  the  offence  is  not  also 
a  violation  of  the  criminal  code,  it  is  made  to  appear  by  affidavit 
"that  an  ordinance  has  been  violated  and  that  the  person  making 
the  complaint  has  reasonable  grounds  to  believe  the  party 
charged  is  guilty  thereof  and  will  escape  unless  arrested  and 
stating  the  facts  upon  which  such  belief  is  based. ' '  In  either  case 
the  issuance  of  the  warrant  is  discretionary  with  the  judge  to 
whom  the  application  therefor  is  made.  When  the  violation  of 
the  ordinance  is  also  a  violation  of  the  criminal  code  the  affidavit 
for  the  warrant  may  be  in  the  following  form: 

State  of  Illinois,  1  In  the  Municipal  Court 

City  of  Chicago,     v  ss.  of  Chicago. 

First  District,       j 

Richard  Roe  being  first  duly  sworn,  on  his  oath  deposes  and 
says  that  John  Doe,  late  of  said  city  of  Chicago,  on  the  4th  day 

28 


434  PRACTICE    IN    THE    MUNICIPAL    COURT. 

of  December,  A.   D.   1906,   at  the  city  of   Chicago  aforesaid,. 

(here  insert  the  words  descriptive  of  the  offence),  in  violation  of 

Section of  the  Revised  Municipal  Code  of  the  City  of 

Chicago  of  1905. 

Richard  Roe. 

Subscribed  and  sworn  to  before 
me   this    6th   day   of   December, 
A.  D.  1906. 
John  Smith, 

Clerk  of  the  Municipal  Court  of  Chicago. 

» 

When  the  violation  of  the  ordinance  is  not  also  a  violation  of 
the  criminal  code  the  affidavit  for  the  warrant  may  be  in  the 
following  form : 

State  op  Illinois,   ]  In  the  Municipal  Court 

City  of  Chicago,      I  ss.  of  Chicago. 

First  District,        j 

Richard  Roe  being  first  duly  sworn,  on  his  oath  deposes  and 
says  that  John  Doe,  late  of  said  city  of  Chicago,  on  the  4th  day 
of  December,  A.  D.  1906,  at  the  city  of  Chicago  aforesaid, 
(here  insert  the  words  descriptive  of  the  offence),  in  violation  of 

Section of  the  Revised  Municipal  Code  of  the  City  of 

Chicago  of  1905. 

Affiant  further  says  that  affiant  has  reasonable  grounds  to 
believe  that  the  said  John  Doe  will  escape  unless  arrested;  that 
said  John  Doe  Is  not  a  resident  of  the  city  of  Chicago,  but  is 
only  temporarily  in  said  city  and  is  about  to  depart  the  same. 

Richard  Roe. 

Subscribed  and  sworn  to  before 
me   this   6th   day   of  December, 
A.  D.  1906. 
John  Smith, 

Cle?'k  of  the  Municipal  Court  of  Chicago. 

Included  in  cases  prosecuted  by  warrant  are  eases  where 
arrests  are  made  by  officers  on  view.  In  such  cases  the  officer 
making  the  arrest  should  at  once  file  with  the  clerk  of  the  court 


QUASI  CRIMINAL  CASES.  435 

to  which  the  defendant  is  taken  an  affidavit  substantially  in  the 
following  form: 

State  op  Illinois,  "j  In  the  Municipal  Court 

CiTY  OF  Chicago,     v  ss.  of  Chicago. 

First  District,       j 

Richard  Eoe  being  first  duly  sworn,  on  his  oath  deposes  and 
says  that  John  Doe,  late  of  said  city  of  Chicago,  on  the  4th  day 
of  December,  A.  D.  1906,  at  the  city  of  Chicago  aforesaid, 
(here  insert  the  words  descriptive  of  the  offence),  in  violation  of 

Section of  the  Revised  Municipal  Code  of  the  City  of 

Chicago  of  1905. 

Affiant  further  says  that  affiant  is  a  police  officer  of  the  city 
of  Chicago ;  that  affiant  saw  the  said  John  Doe  commit  the  said 
offence  above  mentioned  and  then  and  there  arrested  the  said 
John  Doe;  that  at  the  time  of  the  making  of  said  arrest  affiant 
had  reasonable  grounds  to  believe  that  the  said  John  Doe  would 
escape  unless  arrested;  that,  in  case  affiant  had  not  arrested  the 
said  John  Doe  on  view,  affiant  would  have  been  unable  to  ascer- 
tain with  certainty  the  name  and  place  of  residence  of  the  said 
John  Doe  and  by  reason  thereof  there  was  danger  that  the  said 
John  Doe  would  have  escaped  prosecution  for  the  said  offence. 

Richard  Roe. 

Subscribed  and  sworn  to  before 

me  this  4th   day  of   December, 
A.  D.  1906. 
John  Smith, 

Clerk  of  the  Municipal  Court  of  Chicago. 


CHAPTER  II. 

PENAL  PROVISIONS  OF  CITY  OF  CHICAGO  MUNICIPAL 
ORDINANCES  WITH  FORMS  OF  COMPLAINTS. 

A  revision  of  the  Municipal  Code  of  Chicago  was  made  in 
1905.  A  considerable  number  of  amendments  have  been  made  to 
it  since  then,  some  of  which  are  given  in  the  Appendix  to  the 
Code  as  published  and  others  are  found  only  in  the  subsequently 
published  council  proceedings.  To  attain  absolute  accuracy  with 
respect  to  all  of  these  amendments  would  be  a  work  of  great 
difficulty  and  would  require  more  time  than  the  author  has  been 
able  to  devote  to  it.  It  is  believed,  however,  that  the  references 
given  below  are  substantially  accurate.  The  author  has  not 
attempted  to  prepare  forms  to  fit  all  cases  which  may  arise,  but 
it  is  believed  those  prepared  and  given  below  will  be  found  suffi- 
cient for  all  practical  purposes.  The  forms  thus  given  contain 
the  words  descriptive  of  the  offences  and  are  to  be  inserted  in 
the  forms  of  bills  of  particular  and  complaints  given  in  the 
preceding  chapter. 

PENAL  PROVISIONS 

OF  THE 

MUNICIPAL  ORDINANCES  OF  CHICAGO. 

ACETYLENE  GAS— STORAGE  OF. 

The  ordinance  on  this  subject  was  passed  March  30,  1906,  and 
is  found  in  the  printed  council  proceedings  of  that  date  on  pp. 
3314-3315.  Its  penal  provisions  are  contained  in  section  9  on 
p.  3315. 

(forms  omitted.) 

ADVERTISEMENTS  OF  CURES  FOR  SEXUAL  DISEASES. 

The  penal  provisions  on  this  subject  are  found  in  section  1463, 
p.  406,  R.  M.  C.  of  1905,  Chapter  XXXIX. 
(forms  omitted.) 
436 


CHICAGO  MUNICIPAL  CODE,  437 

'ADVERTISING  QUACK  NOSTRUMS. 

The  penal  provisions  on  this  subject  are  found  in  section  1471, 
p.  408,  R.  M.  C.  of  1905,  Chapter  XXXIX. 
(forms  omitted.) 

AIR  GUN. 

The  penal  provisions  on  this  subject  are  found  in  section  1426, 
p.  398,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

FORMS. 

(Section  1426,  page  398.) 
did  then  and  there  fire  and  discharge  a  certain  air  gun  (or 
''spring  gun,"  or  whatever  the  device  was)  calculated  and  in- 
tended to  propel  (or  ''project")  a  bullet  (or  "an  arrow,"  or  "a 
projectile  similar  to  a  bullet  or  arrow")  upon  (here  insert  name 
of  street)  in  said  city, 

AMBULANCES  AND  PHYSICIANS. 

The  penal  provisions  on  this  subject  are  found  in  section  1051, 
pp.  .301-302,  R.  M.  C.  of  1905,  Chapter  XXXII. 

(forms  OMITTED. ) 

AMUSEMENTS. 

The  penal  proviisons  on  this  subject  are  found  in  section  100,. 
p.  32,  section  117,  p.  40,  and  section  122,  p.  41,  R.  M.  C.  of  1905, 
Chapter  VI. 

forms. 

(Section  117,  page  40.) 

did  at  (here  insert  place),  the  same  then  and  there  being  a 
theatre  in  which  public  entertainments  were  given  for  gain,  and 
being  in  said  city,  give  away  to  one  (here  insert  name)  intoxicat- 
ing liquor  without  a  special, permit  from  the  mayor, 

(Section  122,  page  41.) 

did  at  (here  insert  place),  in  said  city  of  Chicago,  engage  in  the 
business  of  selling  tickets  of  admission  to  places  of  amusement 
in  said  city,  at  a  higher  price  than  the  price  printed  thereon,. 


438  PRACTICE    IN    THE    MUNICIPAL    COURT. 

ANIMALS. 

The  penal  provLsions  on  this  subject  are  found  in  sections  1272- 
1277,  pp.  362,  363,  R.  M.  C.  of  1905,  Chapter  XXXII. 
(forms  omitted.) 

ANIMALS,  HORSES  AND  VEHICLES. 

The  penal  provisions  on  this  subject  are  found  in  sections  1416- 
1425,  pp.  396-398,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

forms. 

(Section  1416,  page  397.) 

(1.) 
did  then  and  there  ride  (or  "drive,"  or  "cause  to  be  ridden,"  or 
"cause  to  be  driven,")  a  certain  horse  (or  such  other  animal  as 
was  driven)  upon  a  certain  street  (or  "public  way")  known  as 
(here  insert  name  of  street  or  public  way)  in  said  city,  at  a 
greater  speed  than  at  the  rate  of  ten  miles  an  hour, 

(Section  1417,  page  397.) 

was  then  and  there  riding  (or  "driving")  a  certain  horse  (or 
such  other  animal  as  was  ridden  or  driven)  along  and  upon  a  cer- 
tain street  in  said  city,  known  as  (here  insert  name  of  street)  and 
was  then  and  there  turning  the  corner  of  said  (here  insert  name) 
street  and  while  so  turning  said  corner  did  ride  (or  "drive") 
said  horse  (or  such  other  animal  as  was  ridden  or  driven)  with 
greater  speed  than  at  the  rate  of  four  miles  an  hour, 

(Section  1418,  page  397.) 

did  then  and  there  ride  (or  "drive")  a  certain  horse  (or  what- 
ever animal  was  ridden  or  driven)  out  of  a  certain  alley  between 
(name  of  street)  and  (name  of  street)  in  said  city,  at  a  greater 
speed  than  a  walk^ 

(Section  1419,  page  397.) 

did  then  and  there  have  charge  (or  "custody,"  or  "control") 
of  a  certain  hoi-se  (or  "mule,"  or  "ass,"  or  "ox,"  or  "cow,"  or 
"goat,"  or  "pig,"  or  whatever  the  animal  was)  and  did  then 
and  there  permit  said  (here  insert  kind  of  animal)  to  go  loose 


CHICAGO   MUNICIPAL  CODE.  439 

(or  "at  large,")  in  a  certain  public  way  in  said  city,  known  as 
(here  give  name  of  public  highway), 

(Section  1420,  page  397.) 

did  then  and  there  have  the  charge  (or  **  custody,"  or  * 'con- 
trol,") of  a  certain  horse,  and  did  then  and  there  suffer  said 
horse,  (or  "permit  said  horse  to  go,"  or  "lead  said  horse,"  or 
"ride  said  horse,"  or  "drive  said  horse,")  upon  a  certain  side- 
walk in  said  city,  upon  a  certain  street  known  as  (here  insert 
name  of  street), 

(Section  1421,  page  397.) 

did  then  and  there  run  (or  "race")  a  horse  in  (here  insert 
name  of  street)  in  said  city, 

(Section  1422,  page  397.)  / 

did  then  and  there  sell  (or  "expose  for  sale")  at  auction  a  cer- 
tain horse  (or  whatever  the  animal  was)  in  a  certain  public 
highway  in  said  city,  known  as  (here  insert  name  of  public  way), 

(Section  1423,  page  397.) 

did  then  and  there  drive  a  certain  horse  before  a  sleigh  (or  "cut- 
ter," or  whatever  the  vehicle  was,)  through  a  certain  public 
way  in  said  city  of  Chicago  known  as  (here  insert  name  of  pub- 
lic way)  without  there  then  and  there  being  a  sufficient  number 
of  bells  attached  to  the  harness  of  said  horse  and  sleigh  to  warn 
persons  of  its  approach, 

(Section  1423,  page  397.) 

did  then  and  there  leave  a  certain  horse  (or  whatever  the  animal 
was)  attached  to  a  certain  carriage  (or  "wagon,"  or  "cart,"  or 
"sleigh,"  or  "sled,"  or  whatever  the  vehicle  was,)  in  a  certain 
public  way  known  as  (here  insert  name  of  public  way)  in  said 
city,  without  securely  fastening  said  horse  (or  whatever  the  ani- 
mal was), 

(Section  1425,  page  398.) 

did  then  and  there  overload  (or  "cause  to  be  overloaded")  a 
wagon  (or  whatever  the  vehicle  was)  drawn  by  a  certain  horse 
(or  "by  certain  horses,"  or  whatever  the  animal  or  animals 
were,)  upon  (here  insert  name  of  street)  street  in  said  city, 


440  PRACTICE   IN    THE   MUNICIPAL    COURT. 

AUCTIONS  AND  AUCTIONEERS. 

The  penal  provisions  on  this  subject  are  found  in  sections  127 
and  128,  p.  43,  sections  129,  132  and  133,  p.  44,  sections  134,  135, 
136  and  137,  p.  45  and  section  140,  p.  46,  R.  M.  C.  of  1905^ 
Chapter  VIII. 

FORMS. 

(Section  127,  page  43.) 

did  at  (here  insert  place)  in  said  city,  sell  (here  insert  property 
sold)  at  public  auction,  the  same  not  being  sold  by  virtue  of  legal 
process  or  under  and  by  virtue  of  a  mortgage,  without  first  hav- 
ing obtained  a  license, 

(Section  128,  page  43.) 

did  at  (here  insert  place)  in  said  city,  permit  one  (here  insert 
name)  he,  the  said  (here  insert  name)  not  being  a  partner  or 
clerk  of  him  the  said  (here  insert  name  of  defendant)  duly  desig- 
nated in  accordance  with  the  ordinance  hereinafter  mentioned, 
to  sell  (here  insert  property  sold),  at  auction  in  said  city,  the 
same  being  the  place  designated  in  the  license  of  him  the  said 
(here  insert  name  of  defendant),  he,  the  said  (here  insert  name 
of  defendant),  being  then  and  there  a  licensed  auctioneer, 

AUTOMOBILES. 
The  penal  provisions  on  this  subject  are  found  in  section  156, 
p.  51,  and  section  164,  p.  53,  R.  M.  C.  of  1905,  Chapter  IX. 

FORMS. 

(Section  156,  page  51.) 

(1.) 
did,  upon  (here  insert  name  of  street)  street,  in  the  said  city, 
operate  an  automobile,   (or  "auto  car,"  or  whatever  other  ve- 
hicle was  used,)  without  first  having  obtained  a  card  or  certifi- 
cate of  identification, 

(2.) 

did,  upon  (here  insert  name  of  street)  street,  in  said  city,  oper- 
ate an  automobile,  (or  "auto  car,"  or  whatever  other  vehicle 
was  used,)  the  same  not  being  the  type  or  class  of  machine  speci- 
fied in  the  certificate  or  card  of  identification  of  him,  the  said 
(here  insert  name  of  defendant,) 


CHICAGO   MUNICIPAL   CODE.  441 

(Section  158,  page  51.) 

did  operate  an  automobile,  (or  "auto  car,"  or  whatever  other 
vehicle  was  used)  in  said  city,  without  displaying  identification 
numbq;*s  or  letters, 

(Section  159,  page  51.) 
did,  in  said  city,  operate  an  automobile,  (or  "auto  car,"  or  what- 
ever other  vehicle  was  used,)  without  displaying  on  the  rear  of 
the  car,  as  near  the  middle  as  might  be,  and  in  such  position  as 
not  to  be  hidden  by  the  hood  or  other  obstruction  of  said  vehicle, 
identification  numbers  or  letters,  of  the  size  prescribed  by  Sec- 
tion 159  of  the  Revised  Municipal  Code  of  Chicago  of  1905,  and 
attached  to  said  vehicle  in  manner  prescribed  by  said  Section 
159, 

(Section  164,  page  53.) 

did,  upon  (here  insert  name  of  street)  street,  in  said  city,  oper- 
ate an  automobile,  (or  "auto  car,"  or  whatever  other  vehicle 
was  used,)  between  sunset  and  daybreak  on  said  day,  without 
maintaining  a  lamp  or  lamps  or  lantern  or  lanterns  throwing  a 
red  light  to  the  rear  of  the  machine  and  a  white  light  on  the  let- 
ters or  numbers,  in  such  manner  as  to  make  the  same  plainly 
visible  and  legible  during  the  time  the  same  was  being  so  oper- 
ated, 

AUTOMOBILES,  LIVERY  &  BOARDING  STABLES  AND 

GARAGES. 

The  ordinance  on  this  subject  is  an  amendment  of  Chapter 
LXIX  of  the  Revised  Municipal  Code  of  Chicago  of  1905  and 
was  passed  Feb.  26,  1906,  and  is  found  in  the  printed  council 
proceedings  of  that  date  on  pp.  2753-2760.  Its  penal  provisions 
are  contained  in  section  2374  on  p.  2756  and  sections  23766  and 
2S76d  on  p.  2757. 

(forms  omitted.) 

AUTOMOBILES— PUBLIC  FOR  PASSENGERS. 

The  penal  provisions  on  this  subject  are  found  in  sections  2297 
and  2299,  p.  618,  section  2311,  p.  621,  and  section  2324,  p.  624, 
R.  M.  C.  of  1905,  Chapter  LXIX. 

(forms  omitted.) 


442  PRACTICE   IN   THE   MUNICIPAL   COURT. 

AUTOMOBILES— USED  AS  PUBLIC  CAKTS. 

The  penal  provisions  on  this  subject  are  found  in  section  2352, 
p.  632,  section  2354,  p.  633,  and  section  2366,  p.  635,  R.  M.  C.  of 
1905,  Chapter  LXIX. 

(forms  omitted.) 

BARBED  WIRE  FENCE. 

The  penal  provisions  on  this  subject  are  found  in  section  1442, 
p.  401,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

(forms  omitted.) 

BARRICADE  ON  SIDEWALKS. 

The  penal  provisions  on  this  subject  are  found  in  section  1484, 
p.  414,  R.  M.  C.  of  1905,  Chapter  XXXIX. 
(forms  omitted.) 

ATHLETIC    FIELDS    AND    OTHER    PLACES    WHERE 
GAMES  ARE  PLAYED— THROWING  GLASS  BOT- 
TLES AND  OTHER  THINGS  ON. 

The  ordinance  on  this  subject  was  passed  July  2,  1906,  and  is 
found  in  the  printed  council  proceedings  of  that  date  on  p.  1118. 
Its  penal  provisions  are  contained  in  section  2  on  p.  118. 
(forms  omitted.) 

BATHING  WITHIN  CITY  LIMITS. 

The  penal  provisions  on  this  subject  are  found  in  section  1483, 
p.  411,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

forms. 

(Section  1483,  page  411.) 

(1.) 
did  then  and  there  swim   (or  "bathe")   in  the  water  of  Lake 

Michigan  adjacent  to  said  city  and  the  said  (here  insert  name  of 
defendant)  was  not  then  and  there  clothed  in  a  suitable  bath- 
ing dress, 

(2.) 

did  then  and  there  swim  (or  "bathe")  in  the  waters  of  the 
harbor  of  said  city,  and  the  said  (here  insert  name  of  defendant) 
was  not  then  and  there  clothed  in  a  suitable  bathing  dress, 


CHICAGO   MUNICIPAL  CODL.  443 

BILLIARDS  AND  POOL  TABLES,  BOWLING  OR  PIN  AND 
BALL  ALLEYS. 

The  penal  provisions  on  this  subject  are  found  in  section  165, 
p.  54,  and  sections  167  and  168,  p.  55,  R.  M.  C.  of  1905,  Chapter 
X. 

FORMS. 

(Section  165,  page  54.) 
did  at  (here  insert  place),  in  said  city,  keep  for  profit  a  billiard 
table  without  first  obtaining  a  license  therefor  as  provided  by 
Chapter  X  of  the  Revised  Municipal  Code  of  Chicago,  1905, 

(Section  168,  page  55.) 

(1.) 
did,  at  (here  insert  place)  in  said  city,  keep  a  billiard  table  for 
profit  and  did  then  and  there  permit  one  (here  insert  name  of 
player)  he,  the  said  (here  insert  the  name  of  player),  being  then 
and  there  a  minor  under  the  age  of  eighteen  years,  to  play 
thereon, 

(2.) 
did,  at  (here  insert  the  place)  in  said  city,  play  upon  a  billiard 
table  then  and  there  kept  for  profit  by  one  (here  insert  name  of 
keeper)  he  the  said  (here  insert  name  of  defendant)  being  then 
and  there  a  minor  under  the  age  of  eighteen  years, 

BILL  POSTERS  AND  POSTING. 

The  penal  provisions  on  this  subject  are  found  in  sections  174, 
175,  176  and  177,  pp.  57-8,  R.  M.  C.  of  1905,  Chapter  XI. 

FORMS. 

(Section  172,  page  56.) 

(1.) 
did,  at  (here  insert  place)  in  said  city,  carry  on  the  business  of 
bill  posting  without  first  having  obtained  a  license  as  provided  by 
Chapter  XI  of  the  Revised  Municipal  Code  of  Chicago  of  1905, 

(2.) 
did,  at  (here  insert  name  of  place)  in  said  city,  pOvSt  bills  without 
wearing  the  badge  provided  for  by  Article  I,  Chapter  XI  of  the 
Revised  Municipal  Code  of  Chicago  of  1905, 


444  PRACTICE    IN    THE    MUNICIPAL    COURT. 

(Section  173,  page  57.) 
did,  at  (here  insert  the  name  of  place)  in  said  city,  carry  on  the 
business  of  bill  posting,  the  said  (here  insert  name  of  place) 
being  a  new  location,  under  a  license  previously  issued  to  said 
(here  insert  name  of  defendant)  without  notice  of  said  change 
having  been  given  in  writing  by  said  (here  insert  name  of  de- 
fendant) to  the  city  comptroller, 

BIRTHS  AND  DEATHS. 

The  penal  provisions  on  this  subject  are  found  in  sections  1053 
and  1054,  p.  302,  R.  M.  C.  of  1905,  Chapter  XXXII. 

(forms  OMITTED.) 

BLASTING. 

The  penal  provisions  on  this  subject  are  found  in  section  183> 
p.  59,  R.  M.  C.  of  1905,  Chapter  XII. 

forms. 

(Section  179,  page  59.) 
did,  at  (here  insert  name  of  place)  in  said  city,  blast  rock  and 
stone  without  giving  bond  as  provided  by  Chapter  XII  of  the 
Revised  Municipal  Code  of  Chicago  of  1905, 

(Section  181,  page  59.) 
did,  at  (here  insert  name  of  place)  in  said  city,  blast  stone  and 
rock  without  securely  covering  said  blast  in  such  manner  as  to 
absolutely  prevent  danger  to  persons  and  property, 

(Section  182,  page  59.) 
did,  at  (here  insert  name  of  place)  in  said  city,  blast  stone  and 
rock  without  giving  notice  as  provided  by  section  182  of  the 
Revised  Municipal  Code  of  Chicago  of  1905, 

BREAD. 

The  penal  provisions  on  this  subject  are  found  in  sections  186 
and  187,  p.  60,  R.  M.  C.  of  1905,  Chapter  XIII. 

FORMS. 

(Section  185,  page  60.) 
did,  at  (here  insert  name  of  place)  in  said  city,  offer  and  ex- 
pose for  sale,  loaves  of  bread  without  a  label  or  tag  attached  to 


CHICAGO   MUNICIPAL   CODE.  445 

each  loaf,  plainly  showing  the  weight  of  such  loaf  and  the  name 
of  the  manufacturer  of  the  same, 

(Section  186,  page  60.) 
did,  at  (here  insert  place)  in  said  city,  make,  (or  ''sell,"  olr  ''of- 
fer or  produce  to  be  sold,")  bread  of  unwholesome  meal  or  flour, 

(Section  187,  page  60.) 

(1.) 
did,  at  (here  insert  place)  in  said  city,  carry  on  the  business  and 
trade  of  a  baker,  and  engage  in  making  bread  for  others  for  his 
profit  and  benefit  in  person  without  first  having  obtained  a 
license  for  that  purpose,  as  provided  by  Chapter  XIII  of  the  Re- 
vised Municipal  Code  of  Chicago  of  1905, 

(2.) 
did,  at  (here  insert  place)  in  said  city,  carry  on  the  business  and 
trade  of  a  baker  and  did  engage  in  making  bread  for  others  by 
employing  one  (here  insert  name  of  person  employed)  to  carry 
on  said  business  under  the  direction  of  him  the  said  (here  insert 
name  of  defendant),  without  having  first  obtained  a  license  for 
that  purpose  as  provided  by  Chapter  XIII  of  the  Revised 
Municipal  Code  of  Chicago  of  1905, 

BREWERS  AND  DISTILLERS. 

The  penal  provisions  on  this  subject  are  found  in  section  1358, 
p.  383,  R.  M.  C.  of  1905,  Chapter  XXXVI. 
(forms  omitted.) 

BROKERS. 

The  penal  provisions  on  this  subject  are  found  in  section  198, 
p.  62,  R.  M.  C.  of  1905,  Chapter  XIV. 

forms. 
(Section  192,  page  62.) 

(1.) 
did,  at  (here  insert  place)  in  said  city,  engage  in  the  business 
and  act  in  the  capacity  of  a  broker  without  first  having  obtained 
a  license  therefor  as  provided  by  Chapter  XIV  of  the  Revised 
Municipal  Code  of  Chicago  of  1905, 


446  PRACTICE   IN    THE    MUNICIPAL    COURT. 

(2.) 
did,  at  (here  insert  name  of  place)  in  said  city,  carry  on  and 
engage  in  the  brokerage  business,  under  a  license  granted  said 
(here  insert  name  of  defendant)  to  do  such  business  at  (here  in- 
sert name  specified  in  license)  in  said  city,  without  giving  notice 
in  writing  to  the  city  collector  of  change  of  location,  as  provided 
by  Chapter  XIV  of  the  Revised  Municipal  Code  of  Chicago  of 
1905, 

BUILDINGS. 

The  penal  provisions  on  this  subject  are  found  in  section  445, 

p.  139,  section  685,  p.  202,  section  714,  p.  212,  section  725,  p.  216, 

sections  727  and  728,  p.  217,  sections  729,  730  and  731,  p.  218, 

section  735,  p.  219  and  section  738,  p.  220,  R.  M.  C.  of  1905, 

Chapter  XV. 

(forms  omitted.) 

BUILDING  REGULATIONS. 

The  penal  provisions  on  this  subject  are  found  in  section  1071, 
p.  306,  R.  M.  C.  of  1905,  Chapter  XXXII. 

(forms  omitted.) 

BUILDINGS— WRECKING  OF. 

The  ordinance  on  this  subject  is  an  amendment  of  section  209 
of  the  Revised  Municipal  Code  of  Chicago  of  1905  and  was 
passed  December  11,  1905,  and  is  found  in  the  printed  council 
proceedings  of  that  date  on  pp.  1892-1893.  Its  penal  provisions 
are  contained  in  section  3  on  p.  1893. 

(forms  omitted.) 

BURGLARS'  TOOLS. 

The  penal  provisions  on  this  subject  are  found  in  section  1474, 
p.  409,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

forms. 

did  then  and  there  have  in  his  possession  certain  nippers  of  the 
description  known  as  burglars'  nippers  (or  "a  pick  lock,"  or 
*'a  skeleton  key,"  or  "a  key  to  be  used  with  a  bit,"  or  "a  key  to 
be  used  with  bits,"  or  *'a  jimmy,"  or  "    (here  insert  name  of 


CHICAGO    MUNICIPAL   CODE.  447 

tool),  which  was  then  and  there  a  burglar's  instrument,"  or 
"  (here  insert  name  of  tool)  which  was  then  and  there  a  bur- 
glar's tool"),  for  an  unlaAvful  purpose, 

BURIAL  OF  THE  DEAD. 

The  penal  provisions  on  this  subject  are  found  in  section  1057, 
p.  303,  R.  M.  C.  of  1905,  Chapter  XXXII. 

(forms  omitted.) 


CABBAGE  PLANT. 

The  penal  provisions  on  this  subject  are  found  in  section  1278, 
p.  363,  R.  M.  C.  of  1905,  Chapter  XXXII. 

FORMS. 

(Section  1278,  page  363.) 

was  then  and  there  the  owner  (or  "lessee,"  or  "occupant")  of  a 
certain  field,   (or  "garden,"  or  "open  space")  then  and  there 

located  at  number  street  in  the  city  of 

Chicago,  and  did  then  and  there  permit  a  certain  cabbage  head 

(or  "cabbage  stalk"  or  " ,"  which  was  then 

and  there  a  portion  of  a  cabbage  plant"),  to  remain  upon  said 
garden  (or  "field,"  or  "open  space,")  within  the  city  of  Chicji- 

go  between  the  15th  day  of  October  in  the  year  of and 

the  15th  day  of  April  in  the  year  of without  covering 

said  cabbage  head  (or  cabbage  stalk,"  or  " ") 

under  at  least  one  foot  of  earth, 

CABS,  CARRIAGES,  HACKS  AND  OMNIBUSES. 

The  penal  provisions  on  this  subject  are  found  in  sections  2272 
•and  2273,  p.  611,  section  2281,  p.  613,  and  section  2293,  p.  617, 
R.  M.  C.  of  1905,  Chapter  LXIX. 

(forms  omitted.) 

CASTING  RINDS  AND  PEELS  ON  SIDEWALK. 

The  penal  provisions  on  this  subject  are  found  in  section  1492, 
p.  413,  R.  M.  C.  of  1905,  Chapter  XXXIX. 


448  PRACTICE    IN    THE   MUNICIPAL    COURT. 

FORMS. 

did  then  and  there  throw  (or  "cast,"  or  "lay,"  or  "place,")  on 
a  certain  sidewalk  on  (name  of  street)  near  (name  of  street 
which  it  was  near)  in  the  said  city  of  Chicago  a  certain  rind  (or 
"peel")  of  a  certain  orange  (or  "banana,"  or  "apple,"  or  what- 
ever it  was), 

CATTLE  AND  SWINE. 

The  penal  provisions  on  this  subject  are  found  in  section  1293, 
pp.  365-366,  R.  M.  C.  of  1905,  Chapter  XXXII. 

(forms  omitted.) 

CIGAR  REFUSE. 

The  penal  provisions  on  this  subject  are  found  in  section  1090, 
p.  310,  R.  M.  C.  of  1905,  Chapter  XXXII. 

(forms  OMITTED.) 

CHANGING  FROM  STEAM  TO  ELECTRIC  POWER. 

The  penal  provisions  on  this  subject  are  found  in  section  1999, 
p.  531,  R.  M.  C.  of  1905,  Chapter  LIII. 

(forms  OMITTED.) 

CIGARETTES. 

The  penal  provisions  on  this  subject  are  found  in  sections  1081- 
1085,  p.  309,  R.  M.  C.  of  1905,  Chapter  XXXII. 

forms. 

did  then  and  there  have  a  license  as  provided  in  Article  10  of  the 
Revised  Municipal  Code  of  Chicago  of  1905,  and  did  then  and 
there  keep  for  sale  (or  "keep  to  give  away,"  or  "sell,"  or  "give 
away,"  or  "offer  to  sell,"  or  "offer  to  give  away,")  certain 
cigarettes  (or  "cigarette  papers,"  or  "cigarette  wrappers")  at 
number street  in  said  city, 

CLAY  HOLES  AND  EXCAVATIONS. 

The  penal  provisions  on  this  subject  are  found  in  section  1477, 
p.  410,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

(forms  OMITTED.) 


CHICAGO    MUNICIPAL   CODE.  449 

CLEANING  GOODS  IN  STREETS. 

The  penal  provisions  on  this  subject  are  found  in  section  1498, 
p.  415,  R.  M.  C.  of  1905,  Chapter  XXXIX. 
(forms  omitted.) 

COAL. 

The  penal  provisions  on  this  subject  are  found  in  section  741, 
p.  221,  R.  M.  C.  of  1905,  Chapter  XIV. 
(forms  omitted.) 

COCAINE. 

The  ordinance  on  this  subject  is  an  amendment  of  section 
1470  of  Chapter  XXXIX  of  the  Revised  Municipal  Code  of  Chi- 
cago of  1905  and  was  passed  Nov.  27,  1905,  and  is  found  in  the 
printed  council  proceedings  of  that  date  on  p.  1577.  Its  penal 
provisions  are  contained  in  section  1  on  p.  1577. 
(forms  omitted.) 

COCAINE— SALE  OF. 

The  penal  provisions  on  this  subject  are  found  in  section  1470, 
p.  408,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

forms. 

(Section  1470,  page  408.) 

did  then  and  there  sell  (or  "give  away")  morphine  (or  "co- 
caine," or  "  hydrochlorate, "  or  whatever  the  drug  was,  if  it  waa 
any  compound  of  morphine,  cocaine,  hydrochlorate,  or  any  prep- 
aration containing  morphine,  cocaine,  hydrochlorate,  or  any  salts 
of  any  compound  thereof,)  to  one  (here  insert  name  of  person  to 
whom  article  was  sold  or  given  away,)  without  the  written  pre- 
scription of  a  licensed  physician  or  a  licensed  druggist,  licensed 
under  the  laws  of  the  State  of  Illinois,  (or  "without  any  pre- 
scription of  a  licensed  physician  or  a  licensed  druggist,  licensed 
under  the  laws  of  the  State  of  Illinois,  which  was  filled  only  once 
and  which  had  written  upon  it  the  name  and  address  of  the  said 
(here  insert  name  of  person  to  whom  sold  or  given  away)  "), 
29 


450  PRACTICE   IN    THE   MUNICIPAL   COURT. 

COIMJMON  CARRIERS  OF  OIL. 

The  penal  provisions   on   this  subject   are   found  in  section 
1546,  p.  426,  R.  M.  C.  of  1905,  Chapter  XLIII. 
(forms  omitted.) 

CONCEALED  WEAPONS. 

The  penal  provisions  on  his  subject  are  found  in  section  2459, 
p.  688,  R.  M.  C.  of  1905,  Chapter  LXXII. 
(forms  omitted.) 

CONSTRUCTION  OF  SCAFFOLDS. 

The  penal  provisions  on  this  subject  are  found  in  section  1480, 
pp.  410-411,  R.  M.  C.  of  1905,  Chapter  XXXIX. 
(forms  omitted.) 

CONTAGIOUS   DISEASES   AND    INFECTED   ARTICLES- 

The  penal  provisions  on  this  subject  are  found  in  section  1078, 
pp.  307-308,  R.  M.  C.  of  1905,  Chapter  XXXII. 
(forms  omitted.) 

CRUELTY  TO  ANIMALS. 

The  penal  provisions  on  this  subject  are  found  in  section  1449, 
pp.  402-403,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

forms. 
(Section  1449,  page  402.) 

(1.) 
was  then  and  there  guilty  of  cruelty  to  a  certain  animal,  to-wit, 
(here  give  name  of  animal)  by  then  and  there  overloading  (or 
"overdri\'ing, "  or  "overworking,"  or  "cruelly  beating,"  or 
"torturing,"  or  "tormenting,"  or  "mutilating,"  or  "cruelly 
killing,")  said  (here  name  kind  of  animal), 

(2.) 
was  then  and  there  guilty  of  cruelty  to  a  certain  animal,  to-wit : 
I  (here  give  name  of  animal)  by  causing  (or  "knowingly  allow- 
ing") said  (here  give  name  of  animal)  to  be  overloaded  (or 
"overdriven,"  or  "overworked,"  or  "cruelly  beaten,"  or  "tor- 
tured," or  "mutilated,"  or  "cruelly  killed"). 


CHICAGO   MUNICIPAL   CODE.  451 

(3.) 
was  then  and  there  guilty  of  cruelty  to  a  certain  animal  (here  in- 
sert name  of  animal),  which  was  then  and  there  an  old  (or 
"maimed,"  or  "infirm,"  or  "sick,"  or  "di-sabled")  animal  by 
cruelly  working  said  (here  give  name  of  animal)  (or  "causing 
said  (here  give  name  of  animal)  to  be  cruelly  worked,"  or 
"knowingly  allowing  said  (here  give  name  of  animal)  to  be 
cruelly  worked"), 

(4.) 
was  then  and  there  g'uilty  of  cruelty  to  a  certain  (here  give  name 
of  animal)  which  was  then  and  there  in  the  charge  (or  "custo- 
dy") of  him,  the  said  (here  insert  name  of  defendant)  as  owner 
(or  "bailee")  by  then  and  there  unnecessarily  failing  to  provide 
said  (here  give  name  of  animal)  with  proper  food,  drink  and 
shelter, 

(5.) 

was  then  and  there  guilty  of  cruelty  to  a  certain  old  (or 
"maimed,"  or  "infirm,"  or  "sick,"  or  "disabled")  horse  (or 
whatever  the  animal  was,)  by  abandoning  said  (here  insert  name 
of  animal), 

(6.) 

was  then  and  there  guilty  of  cruelty  to  a  certain  animal,  to- 
wit:  (here  give  name  of  animal)  by  carrying  (or  "driving,"  or 
"causing  to  be  carried,"  or  "causing  to  be  driven,"  or  "causing 
to  be  kept"  said  (here  give  name  of  animal)  in  an  unnecessa- 
rily cruel  manner, 

(7.) 

was  then  and  there  guilty  of  cruelty  to  a  certain  animal,  to- 
wit:  (here  give  name  of  animal)  by  then  and  there  carrying  (or 
"causing  to  be  carried")  said  (here  give  name  of  animal)  bound 
(or  "tied  by  its  legs,"  or  "bound  by  the  neck,")  so  that  it  could 
not  then  and  there  stand  freely  in  an  upright  position  while 
being  transported, 

CRUELTY  TO  CHILDREN. 

The  penal  provisions  on  this  subject  are  found  in  section  1448, 
p.  402,  R.  M.  C.  of  1905,  Chapter  XXXIX. 


452  PRACTICE    IN    THE    MUNICIPAL   COURT. 

FORMS. 

(Section  1446,  page  402.) 

(1.) 
then  and  there  had  the  care  (or  "custody,"  or  "control")  of 
(here  insert  name  of  child)  who  was  then  and  there  a  child  under 
the  age  of  14  years  and  did  then  and  there  cause  (or  "permit") 
the  said  (here  insert  name  of  child)  to  be  exhibited  (or  "used," 
or  "employed")  for  the  vocation  (or  "occupation,"  or  "serv- 
ice," or  "purpose")  of  singing  (or  "playing  on  musical  instru- 
ments") in  a  certain  saloon  (or  "on  the  streets,"  or  "on  the 
alleys")  in  said  city, 

(2.) 
then  and  there  had  the  care  (or  "custody,"  or  "control")  of 
(here  insert  name  of  minor)  who  was  then  and  there  a  child  un- 
der the  age  of  14  years  and  did  then  and  there  apprentice  (or 
"let  out,"  or  "dispose  of")  said  (here  insert  name  of  minor) 
to  a  certain  person  (or  "corporation")  for  the  vocation  (or  "oc- 
cupation," or  "service,"  or  "purpose")  of  singing  (or  "playing 
on  musical  instruments")  in  a  certain  saloon  (or  "on  the 
streets,"  or  "on  the  alleys")  in  said  city, 

(3.) 
then  and  there  had  the  care  (or  "custody,"  or  "control")  of 
(here  insert  name  of  minor)  who  was  then  and  there  a  child  un- 
der the  age  of  14  years  and  did  then  and  there  cause  (or  "per- 
mit") the  said  (here  insert  name  of  minor)  to  be  exhibited  (or 
"used,"  or  "employed")  for  the  vocation  (or  "occupation,"  or 
"service,"  or  "purpose")  of  rope  walking  (or  "wire  walking," 
or  "dancing,"  or  "begging,"  or  "peddling,"  or  "a  gymnast," 
or  "a  contortionist,"  or  "a  rider,"  or  "an  acrobat,"  or  "a  cer- 
tain obscene  purpose,"  or  "a  certain  indecent  purpose,"  or  "a 
certain  immoral  purpose,"  or  "a  certain  obscene  exhibition,"  or 
"a  certain  indecent  exhibition,"  or  "a  certain  immoral  exhibi- 
tion," or  "a  certain  obscene  practice,"  or  "a  certain  indecent 
practice,"  or  "a  certain  immoral  practice")  in  said  city, 

(4.) 
then  and  there  had  the  care  (or  "custody,"  or  "control")  of 
(here  insert  name  of  minor)  who  was  then  and  there  a  child  un- 
der the  age  of  14  years  and  did  then  and  there  apprentice  (or 


CHICAGO    MUNICIPAL   CODE.  453 

*'let  out,"  or  "dispose  of")  said  (here  insert  name  of  minor)  to 
a  certain  person  (or  "corporation")  for  the  vocation  (or  "oc- 
cupation," or  "service,"  or  "purpose")  of  rope  walking  (or 
"wire  walking,"  or  "dancing,"  or  "begging,"  or  "peddling," 
or  "a  gymnast,"  or  "a  contortionist,"  or  "a  rider,"  or  "an 
acrobat,"  or  "a  certain  obscene  purpose,"  or  "a  certain  in- 
decent purpose."  or  "a  certain  immoral  purpose,"  or  "a  cer- 
tain obscene  exhibition,"  or  "a  certain  indecent  exhibition,"  or 
"a  certain  immoral  exhibition,"  or  "a  certain  obscene  practice," 
or  "a  certain  indecent  practice,"  or  "a  certain  immoral  prac- 
tice,") in  said  city, 

(5.) 

then  and  there  had  the  care  (or  "custody,"  or  "control")  of 
(here  insert  name  of  minor)  who  was  then  and  there  a  child  un- 
der the  age  of  14  years,  and  did  then  and  there  cause  (or  "per- 
mit") the  said  (here  insert  name  of  minor)  to  be  exhibited  (or 
"used,"  or  "employed")  in  and  about  a  certain  business  (or 
"exhibition,"  or  "vocation")  injurious  to  the  health  (or 
"dangerous  to  the  life  and  limb")  of  said  (here  insert  name  of 
minor) , 

(Section  1447,  page  402.) 

(1.) 
did  then  and  there  take  (or  "receive,"  or  "hire,"  or  "employ," 
or  "use,"  or  "exhibit,"  or  "have  in  custody")  one  (here  insert 
name  of  minor)  who  was  then  and  there  under  the  age  of  14 
years,  and  was  about  the  age  of years,  for  the  pur- 
pose of  employing  said  (here  insert  name  of  minor)  in  a  manner 
expressly  prohibited  in  a  certain  provision  of  section  1446, 
Chapter  39,  of  the  Revised  Municipal  Code  of  Chicago  of  1905, 
which  said  provision  of  said  section  1446  was  then  and  there  in 
the  words  and  figures  following,  to-wit:  (here  insert  provision), 

(2.) 
did  then  and  there  have  the  care  (or  "custody")  of  one  (here 
insert  name  of  minor)  who  was  then  and  there  a  child  under  the 

age  of  14  years,  and  was  of  about  the  age  of years,  and 

did  then  and  there  wilfully  cause  (or  "permit")  said  (here  in- 
sert name  of  minor)  to  be  placed  in  such  situation  that  its  life 
(or  "health")  was  thereby  endangered, 


454  PRACTICE   IN   THE   MUNICIPAL   COURT. 

(Section  1448,  page  402.) 

(1.) 
was  then  and  there  guilty  of  cruelty  to  one  (here  insert  name  of 
minor)   who  was  then  and  there  a  child  under  the  age  of  14 

years,  and  was  then  and  there  about  the  age  of years, 

by  cruelly  beating  (or  "torturing,"  or  "ovenvorking,"  or  "mu- 
tilating," or  "causing  said  child  to  be  beaten,"  or  "causing  said 
child  to  be  tortured,"  or  "causing  said  child  to  be  overworked," 
or  "causing  said  child  to  be  mutilated,"  or  "knowingly  allow- 
ing said  child  to  be  beaten,"  or  "knowingly  allowing  said  child 
to  be  tortured,"  or  "knowingly  allowing  said  child  to  be  over- 
worked," or  "knowingly  allowing  said  child  to  be  mutilated,"), 

(2.) 
was  then  and  there  guilty  of  cruelty  to  one  (here  insert  name  of 
minor)  who  was  then  and  there  a  child  under  the  age  of  14  years, 
and  was  then  and  there  about  the  age  of years,  by  unneces- 
sarily failing  to  provide  said  (here  insert  name  of  minor)  with 
proper  food   (or  "drink,"  or  "shelter,"  or  "raiment"), 

(3.) 
was  then  and  there  guilty  of  cruelty  to  one  (here  insert  name  of 
minor)  who  was  then  and  there  a  child  under  the  age  of  14  years, 

and  was  then  and  there  about  the  age  of   years,  by 

abandoning  said  (here  insert  name  of  minor), 

(4.) 
did  then  and  there  wilfully   (or  "unnecessarily")   expose  one 
(here  insert  name  of  minor)  who  was  then  and  there  a  child  un- 
der the  age  of  14  years,  and  of  about  the  age  of years, 

to  the  inclemency  of  the  weather  then  and  there  being  (here 
describe  weather), 

(5.) 
did  then  and  there    wilfully   (or    "unnecessarih^")   injure    in 
health  (or  "limb")  a  certain  child,  to-wit:  (here  insert  name  of 
child)  then  and  there  under  the  age  of  14  years,  and  of  about  the 
age  of years, 

DAYTON  STREET  MARKET. 

The  penal  provisions  on  this  subject  are  found  in  section  1405, 
p.  399,  R.  M.  C.  of  1905,  Chapter  XXXVIII. 
(forms  omitted.) 


CHICAGO   MUNICIPAL  CODE.  455 

DEADLY  WEAPONS. 

The  penal  provisions  on  this  subject  are  found  in  sections 
2460  and  2461,  p.  688,  R.  M.  C.  of  1905,  Chapter  LXXII. 
(forms  omitted.) 

DEFACING  PUBLIC  BUILDINGS,  &C. 

The  penal  provisions  on  this  subject  are  found  in  section  1478, 
p.  410,  R.  M.  C.  of  1906,  Chapter  XXXIX. 

FORMS. 

(Section  1478,  page  410.) 

(1.) 
did  then  and  there  cut  (or  ** injure,"  or  ''mark,"  or  "deface") 
a  public    building"  (or   "station    house,"  or    "engine    house") 
known  as  (here  give  name  or  other  description  of  building)  then 
and  there  belonging  to  said  city,  situated  (here  give  location), 

(2.) 
did  then  and  there  cut  (or  "injure,"  or  "mark,"  or  "deface") 
a  tree   (or  "grass,"  or  "shrub,"  or  "walk")   then  and  there 
being  in  a  public  square   (or  "public  park")  known  as  (here 
give  name  or  other  description)  in  said  city, 

(3.) 
did  then  and  there  cut  (or  "injure,"  or  "mark,"  or  "deface") 
a  sewer  (or  "water  pipe,"  or  "hydrant")  then  and  there  belong- 
ing to  the  said  city  and  situated  (here  give  location), 

DEFACING  SIGNS,  FENCES,  &C. 

The  penal  provisions  on  this  subject  are  found  in  section  1479, 
p.  410,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

FORMS. 

(Section  1479,  page  410.) 

did  then  and  there  wantonly  mar  (or  "injure,"  or  "deface,"  or 
"destroy")  a  certain  fence  (or  "guide  post,"  or  "sign  board," 
or  "awning")  then  and  there  being  in  a  certain  public  street  (or 
"place")  known  as  (here  give  name  or  other  description)  in  said 
city, 


456  PRACTICE    IN    THE    MUNICIPAL    COURT. 

DETECTIVE  AGENCIES. 

The  penal  provisions  on  this  subject  are  found  in  section  753, 
p.  224,  R.  M.  C.  of  1905,  Chapter  XVII. 

(forms  OMITl'ED,) 

DISORDERLY  CONDUCT. 

The  penal  provisions  on  this  subject  are  found  in  sections 
1454  and  1455,  pp.  403-405,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

forms. 

(Sections  1454,  pp.  403-403-404.) 

(1.) 
did  then  and  there  make  (or  "aid  in  making,"  or  "assist  in  mak- 
ing,") an  improper  noise  (or  "a  riot,"  or  "a  disturbance,"  or 
"a  breach  of  the  peace,"  or  "a  diversion,")   within  the  city 
limits  of  said  city, 

(2.) 

did  then  and  there  with  divers  other  persons  collect  in  bodies 
(or  "crowds")  for  an  unlawful  purpose,  to-wit,  for  the  purpose 
of  (here  state  purpose), 

(3.) 

did  then  and  there  with  divers  other  persons  collect  in  bodies  (or 
"crowds")  for  the  purpose  of  (here  state  purpose)  to  the  annoy- 
ance and  disturbance  of  divers  other  persons, 

(4.) 
■was  then  and  there  an  idle  (or  "dissolute")  person  and  did  go 
about  begging, 

(5) 

did  then  and  there  use  (or  "exercise")  juggling  (or  whatever 
unlawful  game  or  play  was  used  or  exercised), 

(6.) 
was  then  and  there  found  in  a  house  of  ill  fame,  (or  "a  gambling 
house"), 

(7.) 

did  then  and  there  lodge  in  (or  "was  found  in")  an  out  house 
(or  "a  shed,"  or  "a  bam,"  or  "a  stable,"  or  "an  unoccupied 
building,"  or  "underneath  a  sidewalk,"  or  "in  the  open  air,") 


CHICAGO    MUNICIPAL   CODE.  457 

and  was  not  then  and  there  able  to  give  a  good  account  of  him- 
self, 

(8.) 

did  then  and  there  wilfully  assault  one  (here  give  name  of  per- 
son assaulted)  in  said  city, 

(9.) 

was  then  and  there  engaged  in  (or  "did  then  and  there  aid  and 
abet,")  a  fight  (or  " quarrel, "  or  whatever  the  disturbance  was,) 
in  said  city, 

(10.) 

did  then  and  there  stand  (or  "loiter,"  or  "stroll  about,")  in  a 
certain  place  in  said  city,  to-wit,  (here  specify  place)  waiting  (or 
"seeking")  to  obtain  money  or  other  valuable  thing  from  others 
by  trick  or  fraud,  (or  "waiting  and  seeking  to  aid  or  assist  in  ob- 
taining money  or  other  valuable  thing  from  othere  by  trick  or 
fraud"), 

(11.) 
did  then  and  there  engage  in  a  fraudulent  scheme  (or  "device," 
or  "trick,")  to  obtain  money  or  other  valuable  thing  in  a  certain 
place  in  said  city,  to-wit,  (here  specify  place), 

(12.) 
was  then  and  there  a  tout  (or  "roper,"  or  "steerer,"  or  "cap- 
per,") for  a  gambling  room  (or  "a  gambling  house")  and  did 

then  and  there  ply  (or  "attempt  to  ply")  his  calling  on 

street  in  said  city, 

(13.) 
was  then  and  there  found  loitering  about  in  a  hotel  (or  "block," 
or  "bar  room,"  or  "dramshop,"  or  "disorderly  house,")  with- 
out any  known  lawful  means  of  support  and  without  being  able 
to  give  a  satisfactory  account  of  himself, 

(14.) 
was  then  and  there  found  wandering  about  the  streets  in  said 
city  without  any  known  lawful  means  of  support  and  without 
being  able  to  give  a  satisfactory  account  of  himself, 

(15.) 
did  then  and  there  have  (or  "carry")  a  pistol  (or  "knife,"  or 
"dirk,"-  or  "knuckles,"  or    "slung  shot,"  or   whatever    other 
dangerous  weapon  it  was,)  concealed  on  or  about  his  person. 


458  PRACTICE    IN    THE   MUNICIPAL    COURT. 

(16.) 
was  then  and  there  known  to  be  a  thief   (or  "burglar,"  or 
"pickpocket,"  or  "confidence  man,")  by  his  own  confession,  (or 
"by  his  having  been  convicted  of  larceny,"  or  "by  his  having 
been  convicted  of  burglary,"  or  "by  his  having  been  convicted  of 

the  crime  of ")  and  was  then  and  there  found 

lounging  in  (or  "prowling  around,"  or  "loitering  around,")  a 
steamboat  landing  (or  "railroad  depot,"  or  "banking  institu- 
tion, "  or  "  place  of  amusement, "  or  "  auction  room, "  or  "  hotel, ' ' 
or  "store,"  or  "shop,"  or  "thoroughfare,"  or  "car,"  or  "omni- 
bus," or  "public  conveyance,"  or  "public  gathering,"  or  "pub- 
lic assembly,"  or  "court  room,"  or  "public  building,"  or 
"private  dwelling  house,"  or  "out-house,"  or  "house  of  ill 
fame,"  or  "gambling  house,"  or  "tippling  shop,"  or  whatever 
public  place  it  was,)  and  was  then  and  there  unable  to  give  a 
reasonable  excuse  for  being  so  found, 

DISTRIBUTION  OF  HAND-BILLS. 

The  penal  provisions  on  this  subject  are  found  in  section  1488, 
p.  413,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

FORMS. 

(Section  1488,  page  413.) 
did  then  and  there  distribute  (or  "cast,"  or  "throw,"  or 
"place")  in,  upon  and  along  certain  streets,  alleys  and  public 
places  of  the  said  city  to-wit:  (here  name  places)  certain  hand- 
bills (or  "pamphlets,"  or  "circulars,"  or  "books,"  or  "adver- 
tisements") for  the  purpose  and  with  the  intent  of  advertising 
and  making  knoAvn  in  a  general  promiscuous  manner  a  certain 
business  (or  "occupation,"  or  "profession,"  &c.)  to-wit:  (here 
insert  whatever  the  business  or  occupation  or  profession  was), 

DISTRIBUTING  MEDICINE. 

The  penal  provisions  on  this  subject  are  found  in  section  1472, 
pp.  408-409.  R.  M.  C.  of  1905,  Chapter  XXXIX. 
(forms  omitted.) 

DISTURBING  ASSEIMBLIES  MET  FOR  WORSHIP. 

The  penal  provisions  on  this  subject  are  found  in  section  1484, 
pp.  411-412,  R.  M.  C.  of  1905,  Chapter  XXXIX. 


CHICAGO    MUNICIPAL   CODE.  459 

FORMS. 

(Section  1484,  pages  411-412.) 
did  then  and  there  disquiet  (or  "disturb")  a  certain  congrega- 
tion (or  "assembly")  met  for  religious  worship,  known  as  (here 
give  name  of  congregation  or  assembly)  by  making  a  noise  (or 
"by  rude  and  indecent  behavior,"  or  "by  profane  discourse") 
within  their  place  of  worship  (or  "so  near  their  place  of  wor- 
ship as  to  disturb  the  order  and  solemnity  of  the  meeting"), 

DOGS. 

The  penal  provisions  on  this  subject  are  found  in  section  757, 
p.  225,  section  758,  p.  226,  and  section  764,  p.  228,  R.  M.  C.  of 
1905,  Chapter  XVIII. 

FORMS. 

(Section  757,  page  225.) 
did  cause  and  permit  a  dog  owned  or  kept  by  him  the  said  (here 
insert  name  of  defendant)  to  run  at  large  in  Madison  street,  (or 
whatever  the  name  of  the  street  is)  in  said  city,  said  dog  being 
then  and  there  not  in  leash  or  led  by  a  chain,  and  not  being  so 
securely  muzzled  as  to  effectually  prevent  the  said  dog  from  bit- 
ing persons  or  animals, 

(Section  758,  page  756.) 
did  permit  a  dog  owned  and  kept  by  him  to  be  kept  within  the 
city  without  the  said  dog  being  provided  with  a  collar  and  tag, 
as  provided  by  sections  755  and  756  of  the  Revised  Municipal 
Code  of  Chicago  of  1905, 

DRAINS  AND  SEWERS. 

The  penal  provisions  on  this  subject  are  found  in  sections  773 
to  778,  pp.  231-2,  R.  M.  C.  of  1905,  Chapter  XIX. 

FORMS. 

(Section  773,  page  231.) 

(1.) 
make  (or  "cause  to  be  made")  at  (here  insert  name  of  place)  in 
said  city,  a  certain  connection  with  (or  "opening  into")  a  sewer 
(or  "drain")   which  said  connection   (or  "opening")  wa-s  for 
the  conveyance  or  discharge  into  such  sewer  (or  "drain")  of 


4G0  PRACTICE    IN    THE    MUNICIPAL    COURT. 

steam  from  a  certain  boiler  and  engine,  located  at  (here  insert 
place)  in  said  city, 

(2.) 

did  use  (or  "cause  to  be  used")  at  (here  insert  place)  in  said 
city,  a  certain  connection  with  (or  "opening  into")  a  sewer  (or 
"drain")  for  the  conveyance  and  discharge  into  said  sewer  (or 
"drain")  of  steam  from  a  certain  boiler  and  engine  located  at 
(here  insert  place)  in  said  city, 

(Section  774,  page  231.) 
place,  throw  and  deposit  butchers'  offal  (or  "garbage,"  or  "dead 
animals"  or  whatever  else  was  deposited)  in  a  certain  receiving 
basin  at  (here  insert  place)   in  said  city, 

(Section  775,  page  231.) 
uncover  (or  "excavate  under,"  or  "excavate  around")  a  public 
sewer  located  at  (here  insei-t  place)  in  said  city,  without  the  writ- 
ten consent  of  the  Commissioner  of  Public  Works, 

(Section  776,  page  231.) 
disturb  a  house  drain  (or  "drains,"  "catch  basin,"  or  "strain- 
er of  a  drain,"  "cess  pool,"  or  "water  closet,")  connecting  with 
a  certain  public  sewer  belonging  to  the  city  of  Chicago  aforesaid, 
which  said  connection  was  at  (here  insert  place)  in  said  city, 
without  being  duly  licensed  so  to  do  by  the  Commissioner  of 
Public  Works, 

DRINKING  WATER. 

The  penal  provisions  on  this  subject  are  found  in  section  1280, 
p.  363,  R.  M.  C.  of  1905,  Chapter  XXXII. 
(forms  omitted.) 

DRUGGISTS. 

The  penal  provisions  on  this  subject  are  found  in  sections  779 
and  782,  p.  233,  and  section  789,  p.  235,  R.  M.  C.  of  1905,  Chap- 
ter XX. 

FORMS. 

(Section  779,  page  233.) 

he  being  then  and  there  engaged  in  the  business  of  selling  dnigs 
and  keeping  what  is  commonly  known  as  a  drug  store,  did  give 
away  to  one  (here,  insert  name  of  person  to  whom  given)  cer- 


I 


CHICAGO   MUNICIPAL   CODE.  461 

tain  fermented  liquor  commonly  called  beer,  without  a  license 
for  that  purpose, 

(Section  781,  page  233.) 

being  then  and  there  engaged  in  the  business  of  selling  drugs 
and  keeping  what  is  commonly  known  as  a  drug  store,  and  hold- 
ing from  the  city  of  Chicago  a  license  for  the  sale  of  vinous, 
spirituous,  ardent,  intoxicating  and  fermented  liquors  for  medici- 
nal, mechanical,  sacramental  and  chemical  purposes  only,  not  to 
be  drunk  upon  the  premises  or  in  such  drug  store,  did  sell  in- 
toxicating liquor  commonly  called  whisky  to  one  (here  insert 
name  of  purchaser)  and  did  fail  to  record  the  date  of  such  sale 
and  the  name  of  the  person  to  whom  delivered, 

(Section  783,  page  234.). 

(1.) 
being  then  and  there  a  druggist  did  sell,  (or  "barter,"  or  "dis- 
pose of,"  or  "exchange,"  or  "give,")  to  (here  insert  name)  at 
(here  insert  place)  carbolic  acid  without  a  written  prescription 
or  order  from  a  duly  licensed  physician, 

(2.) 
being  then  and  there  a  druggist,  did  sell,  (or  "barter,"  or 
"give,"  or  "dispose  of,")  to  (here  insert  name),  a  certain  com- 
pound, (or  "certain  preparation")  to-wit:  (here  give  name  of 
compound  or  preparation)  containing  as  an  element  or  ingredi- 
ent more  than  five  per  cent  carbolic  acid,  without  a  prescription 
or  order  of  a  duly  licensed  physician, 

(3.) 
being  then  and  there  a  druggist,  did  sell,  (or  "barter,"  or 
"give,"  or  "dispose  of"),  to  (here  insert  name)  carbolic  acid 
upon  the  prescription  or  order  of  a  duly  licensed  physician,  said 
sale  (or  "barter,"  or  "gift,"  or  "disposition")  being  made  on 
a  date  subsequent  to  the  date  on  such  prescription  or  order, 

(4.) 
being  then  and  there  a  druggist,  did  sell,  (or  "barter,"  or 
"give,"  or  "dispose  of,")  to  (here  insert  name),  a  compound, 
to-wit:  (here  give  name  of  compound)  containing,  as  an  element 
or  ingredient,  more  than  five  per  cent  carbolic  acid,  upon  an 
order  or  prescription  from  a  duly  licensed  physician,  which  said 


462  PRACTICE   IN    THE   MUNICIPAL    COURT. 

sale  (or  "barter,"  or  "gift,"  or  "disposition,")  of  said  com- 
pound was  made  on  a  date  subsequent  to  the  date  of  said  physi- 
cian's order  or  prescription, 

(Section  786,  page  234.) 
present  a  false,   forged,   untrue,  and  fictitious  prescription  or 
order  to  one  (here  insert  name)  for  carbolic  acid,  (or  "a  certain 
compound,   to-wit:    [here  give  name  of    compound]    of  which 
carbolic  acid  was  an  ingredient,") 

DUST— FEATHERS— NOXIOUS  MATTERS. 

The  penal  provisions  on  this  subject  are  found  in  section  1299, 
p.  367,  R.  M.  C.  of  1905,  Chapter  XXXII: 
(forms  omitted.) 

ELECTRICITY. 

The  penal  provisions  on  this  subject  are  found  in  section  815, 
p.  242,  and  sections  820  to  823,  p.  243,  R.  M.  C.  of  1905,  Chapter 
XXII. 

FORMS. 

(Section  819,  page  243.) 
did  deface  and  injure  a  post  office  box  attached  to  a  lamp  past 
erected  by  and  belonging  to  said  city  of  Chicago  at  (here  insert 
place)  in  said  city, 

(Section  820,  page  243.) 
did  extinguish  (or  "cause  to  be  extinguished")  a  public  lamp  at 
(here  insert  place)  in  said  city  without  being  duly  authorized  so 
to  do  by  the  proper  authority, 

did  light  (or  "cause  to  be  lighted")  a  certain  public  lamp  at 
(here  insert  place)  in  said  city,  without  being  authorized  so  to 
do  by  the  proper  authority, 

(Section  821,  page  243.) 
did  break  (or  "mutilate,"  or  "obstruct")  a  sign  attached  to  a 
public  lamp  at  (here  insert  place)  in  said  city, 

(Section  822,  page  243.) 

did,  without  permission  of  the  city  electrician,  take  up  (or  "re- 
move," or  "carry  away")  from  (here  insert  place)  in  said  city, 
a  certain  public  lamp  post, 


CHICAGO   MUNICIPAL   CODE.  463 

(Section  823,  page  243.) 

(1.) 
did  carelessly  and  mrJiciously  break,    (or  "deface,"  or  ''de- 
stroy,") a  public  lamp  at  (here  insert  place)  in  said  city, 

(2.) 
did   carelessly  and  maliciously  break,    (or  "deface,"  or  "de- 
stro}^,")  a  public  lamp  post  at  (here  insert  place)  in  said  city, 

(3.) 
did  climb  upon  a  certain  post  at  (here  insert  place)  in  said  city, 

(4.) 
did  hitch  a  horse  (or  other  animal  naming  it)  to  a  public  lamp 
post  at  (here  insert  place)  in  said  city, 

(5.) 
did  hang   (or  "place")    certain  merchandise    (or  "material") 

knoAvn  as (here  specify  the  merchandise 

or  material)  upon  (or  "against")  a  certain  public  lamp  post  at 
(here  insert  place)  in  said  city, 

ELECTEIC  WIRES  OF  RAILWAYS. 

The  penal  provisions  on  this  subject  are  found  in  sections 
2000  and  2001,  p.  531,  R.  M.  C.  of  1905,  Chapter  LIII. 

(forms  omitted.) 

ELECTROLYSIS. 

The  penal  provisions  on  this  subject  are  found  in  sections 
2002  and  2003,  pp.  531  and  532,  R.  M.  C.  of  1905,  Chapter  LIII. 
(forms  omitted.) 

ELEVATED  RAILROADS. 

The  penal  provisions  on  this  subject  are  found  in  sections 
2004-2011,  pp.  532-533,  R.  M.  C.  of  1905,  Chapter  LIIL 
(forms  omitted.) 

EXCAVATIONS. 

The  penal  provisions  on  this  subject  are  found  in  sections 
1890  and  1891,  p.  499,  R.  M.  C.  of  1905,  Chapter  LII. 
(forms  omitted.) 


464  PRACTICE    IN    THE    MUNICIPAL    COURT. 

EXHIBITING  WILD  ANIMALS. 

The   penal  provisions   on   this  subject  are   found   in  section 
1490,  p.  413,  R.  M.  C.  of  1905,  Chapter  XXXIX. 
(forms  omitted.) 

EXPLOSIVES. 

The  ordinance  on  this  subject  is  an  amendment  of  section  8896 
of  Chapter  XXIV  of  the  Revised  Municipal  Code  of  Chicago  of 
1905,  and  was  passed  on  April  30,  1906,  and  is  found  in  the 
printed  council  proceedin,£,^s  of  that  date  on  pp.  184-185.  Its 
penal  provisions  are  contained  in  section  889 &  on  pp.  184-185. 
(forms  omitted.) 

EXPOSING  DEFORMED  OR  MUTILATED  LIMBS. 

The   penal  provisions   on   this  subject  are   found   in  section 
1498,  p.  413,  R.  M.  C.  of  1905,  Chapter  XXXIX. 
(forms  omitted.) 

FIRE  ARMS,  FIREWORKS  AND  CANT^ON. 

The   penal  provisions  on  this  subject  are  found  in  sections 
882,  889,  pp.  253  to  254,  R.  M.  C.  of  1905,  Chapter  XXIV. 

forms. 
(Section  882,  pa^e  253.) 
did  fire  and  discharge  at  (here  insert  place)  in  said  city  a  certain 
gun  (or  "pistol,"  or  whatever  fire  arm  was  used), 

(Section  883,  pa^e  253.) 
did  wrongfully  sell,  (or  "loan,"  or  "furnish,")  to  (here  insert 
name)  he  the  said  (name  of  pereon)  being  then  a  minor  under 
the  age  of  twenty-one  years,  a  certain  gun  (or  "pistol,"  or  "toy- 
gun,"  or  "toy-pistol,")  in  which  an  explosive  substance  could 
be  used, 

(Section  884,  page  253.) 

did  wrongfully  fire,  (or  "set  off,"  or  "discharge,")  a  cracker 
(or  "torpedo,"  or  "squib,")  containing  a  substance  of  an  explo- 
sive nature, 

(Section  885,  page  253.) 

did  discharge  (or  "fire,"  or  "set  off,")   certain  fireworks   (or 


CHICAGO    MUNICIPAL   CODE.  465 

^'explosives")  within  two  blocks  of  the  (here  insert  name  of  hos- 
pital) the  same  being  then  and  there  a  hospital  located  at  (here 
insert  place)  in  said  city, 

(Section  886,  page  253.) 

did  sell  (or  "offer  for  sale")  fireworks  containing  dynamite  (or 
other  explosives  more  powerful  than  ordinary  black  gunpowder 
specifying  the  names  of  the  explosives), 

(Section  887,  page  253.) 

did  store  at  (here  insert  place)  in  said  city,  squibs,  rockets,  crack- 
ers and  other  fireworks  containing  powder  (or  explosive  and 
combustible  materials,  specifying  the  names  of  the  material)  the 
same  not  being  stored  within  a  fire  proof  vault  constructed  and 
located  to  the  satisfaction  and  with  the  approval  of  the  fire  mar- 
shal of  said  city, 

(Section  888,  page  254.) 

did,  without  the  permission  of  the  city  council,  discharge  and 
fire  off  a  cannon  (or  other  piece  of  artillery  specifying  it)  in 
(here  insert  name  or  description  of  street,  alley,  or  park,  or  other 
place)  the  same  being  a  (here  specify  what  place  is)  in  said 
city, 

(Section  889,  page  254.) 

■did  place  upon  the  track  of  (here  name  street  or  steam  railway) 
the  same  being  a  street  (or  "steam")  railway  in  said  city,  a 
torpedo  (or  "bomb,"  or  whatever  other  thing  was  used)  contain- 
ing a  substance  of  an  explosive  nature  to-wit :  (here  specify  sub- 
stance), 

FIREWORKS. 

The  ordinance  on  this  subject  is  an  amendment  of  sections  884, 
885  and  887  of  Chapter  XXIV  of  the  Revised  Municipal  Code  of 
Chicago  of  1905,  and  was  passed  March  5,  1906,  and  is  found  in 
the  printed  council  proceedings  of  that  date  on  pp.  2848-2850. 
Its  penal  provisions  are  contained  in  sections  884,  885,  887  and 
889a  on  p.  2849,  and  section  889&  on  pp.  2849-2850. 

(forms  omitted.) 


466  PRACTICE   IN    THE   MUNICIPAL    COURT. 

FIRE  DEPARTMENT. 

The  penal  provisions  on  this  subject  are  found  in  section 
884,  p.  246,  sections  860  to  867,  pp.  249  to  252,  and  sections  869 
to  881,  pp.  250  to  252,  R.  M.  C.  of  1905,  Chapter  XXIII. 

FORMS. 

(Section  860,  page  249.) 

(1.) 
did  obstruct  the  use  of  a  fire  hydrant  at  (here  insert  place)  in 
said  city, 

(2.) 
did  place  within  five  feet  of  a  fire  hydrant  at  (here  insert  place) 
in  said  city,  certain  (here  specify  material)  which  said  material 
formed  then  and  there  an  obstruction  to  said  hj^drant, 

(Section  861,  page  249.) 
did  enter  (or  "assemble")  ^^^th  other  persons  in  an  engine  house 
at  (here  insert  place)  in  said  city  and  belonging  to  said  city, 
without  the  permission  of  the  officer  in  charge  of  such  engine 
house, 

(Section  862,  page  249.) 
did  personate  a  fireman  (or  "officer  of  the  fire  department")  of 
said  city,  at  (here  insert  place)  in  said  city, 

(Section  863,  page  249.) 
did,  he  the  said  (here  insert  name  of  defendant)  being  then  and 
there  present  at  a  fire  at  (here  insert  place)  in  said  city,  refuse 
to  obey  the  lawful  orders  of  the  fire  marshal  (or  "the  assistant 
fire  marshal"), 

(Section  865,  page  250.) 

(1.) 
did  wilfully  offer  hindrance  to  one  (here  insert  name  of  officer  or 
fireman)  he  the  said  (here  insert  name)  being  then  and  there  a 
police  ofiicer  (or  "fireman")  in  the  performance  of  his  duty  at  a 
fire  at  (here  insert  place)  in  said  city, 

(2.) 
did  wilfully  injure  (or  "destroy,"  or  "deface")  a  fire  engine 
(or  "a  certain  fire  apparatus")  belonging  to  said  city. 


CHICAGO    MUNICIPAL   CODE.  467 

(Section  S6G,  page  250.) 
did  drive  a  wagon  (or  "street  railroad  ear,"  or  whatever  the 
vehicle  was,)  over  a  certain  unprotected  hose  of  the  fire  depart- 
ment of  said  city,  which  was  then  and  there  laid  down  in  State 
street  in  said  city,  to  be  used  at  a  fire  (or  "an  alarm  of  fire,") 
without  the  consent  of  the  fire  marshal  or  assistant  in  command, 

FISH. 

The  penal  provisions  on  this  subject  are  found  in  sections 
894,  897  and  898,  pp.  255  to  266,  R.  M.  C.  of  1905,  Chapter  XXV. 

FORMS. 

(Section  897,  page  256.) 
did,  at  (here  insert  place)  in  said  city  the  same  being  a  place 
where  fish  were  sold,  kept  and  offered  for  sale,  sell  and  offer  for 
sale  certain  (here  insert  kind  of  fish)  which  said  fish  was  then 
and  there  tainted,  diseased,  unwholesome  and  unfit  for  human 
food, 

FLYING  KITES  IN  STREETS 

The  penal  provisions  on  this  subject  are  found  in  section  1499, 
p.  415,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

(forms  OMITTED.) 

FOREIGN  FIRE  INSURANCE  COMPANIES. 

The  penal  provisions  on  this  subject  are   found  in   section 
904,  p.  258,  R.  M.  C.  of  1905,  Chapter  XXVI. 
(forms  omitted.) 

FOUNDRY— JMANUFACTORY. 

The  penal   provisions  on  this  subject  are  found   in   section 
1295,  p.  366,  R.  M.  C.  of  1905,  Chapter  XXXII. 
(forms  omitted.) 

FRAUDULENT  PRESCRIPTIONS. 

The  penal   provisions  on  this  subject  are   found  in   section 
1468,  pp.  407-408,  R.  M.  C.  of  1905,  Chapter  XXXIX. 
(forms  omitted.) 


468  PRACTICE   IN   THE   MUNICIP.VL   COURT. 

FRUITS,  BERRIES  AND  VEGETABLES. 

The  penal  provisions  on  tliis  subject  are   found  ii..  .section 
1172,  p.  335,  R.  M.  C.  of  1905,  Chapter  XXXII. 
(forms  omitted.) 

(Section  1172,  page  S35.) 

did  then  and  there  sell  (or  "offer  for  sale,"  or  "have  in  its  pos- 
session for  the  purpose  of  selling, "  or  "  have  in  its  possession  for 
the  purpose  of  offering  for  sale"),  a  certain  basket  (or  "box," 
or  "barrel,"  or  "bag,"  or  "package")  of  fruit  (or  "berries," 
or  "vegetables"),  the  contents  of  which  were  not  then  and 
there  of  imiform  quality  and  size  throughout, 

FRUIT  STORES  AND  ICE  CREAM  PARLORS^LICENS- 

ING  OF. 

The  ordinance  on  this  subject  was  passed  May  28|  1906,  and  is 
found  in  the  printed  council  proceedings  of  that  date  on  p.  622. 
Its  penal  provisions  are  contained  in  section  4  on  p.  622. 
(forms  omitted.) 

GAMES  OR  PERFORMANCES  IN  STREETS  OR  IN  PREM- 
ISES ABUTTING  ON  STREETS. 

The  penal   provisions  on  this  subject  are   found  in  section 
1496,  pp.  414-415,  R.  M.  C.  of  1905,  Chapter  XXXIX. 
(forms  omitted.) 

GAMING. 

The  penal  provisions  on  this  subject  are  found  in  sections 
905  to  920,  pp.  259-264,  R.  M.  C.  of  1905,  Chapter  XXVII. 

FORMS. 

(Section  905,  page  259.) 

(1.) 
did  own,  keep,  maintain,  manage  and  conduct  a  certain  room  (or 
"house")  at  (here  insert  place)  for  the  purpose  of  permitting 
persons  to  gamble  for  valuable  things, 


CHICAGO    MUNICIPAL   CODE.  469 

(2.) 
was  interested  in  owning,  keeping,  managing  and  maintaining  a 
certain   room    (or   "house")    in   the   premises   at    (here   insert 
place),  for  the  purpose  of  permitting  persons  to  gamble  for  val- 
uable things, 

(3.) 
did  own,  keep,  maintain,  manage  and  conduct  a  certain  boat  (or 
"vessel")  at  and  upon   (here  insert  place)   for  the  purpose  of 
permitting  persons  to  gamble  for  money  or  other  valuable  things, 

(4.) 
was  interested  in  owning,  (or  "keeping,"  or  "maintaining,",  or 
"managing")   a  certain  boat  (or  "vessel")  at  and  upon  (here 
insert  place)   for  the  purpose  of  permitting  persons  to  gamble 
for  money  and  other  valuable  things, 

(Section  906,  page  259.)     • 

(1.) 
did  deal   (or  "play,"  or  "engage  in,")   faro,    (or  "roulette") 
for  money  and  other  valuable  things  at  (here  insert  place)   in 
said  city, 

(2.) 
did   engage   in   a   certain   game   of   chance,    (or  "hazard,"   or 
"skill,")  known  as  (here  insert  name  of  game)  for  the  purpose 
of  gaming  (or  "gambling  for  money"), 

(3.) 
did  expose  at  (here  insert  place)  the  same  being  a  public  place 
in  said  city,  a  certain  (here  insert  device),  the  same  being  then 
and  there  intended,  calculated  and  designed  to  be  used  for  gam- 
ing and  gambling,  (or  "for  playing  the  game  of , 

the  same  being  a  game  of  chance  for  money"), 

(Section  910,  page  260.) 

(1.) 
did  patronize  (or  "visit."  or  "frequent")  the  structure  (or 
"place,"  or  "premises")  at  (here  insert  place)  in  said  city, 
which  said  structure,  (or  "place,"  or  "premises")  were  then 
and  there  kept  for  the  purpose  .of  permitting  persons  to  gamble 
or  game  for  money  and  other  valuable  things, 


470  rUACTICE    IN    THE    AIUXICIPAl,    COURT. 

(2.) 
was  couuected  with  the  manairomeut  (or  "operation")  of  the 
structure,  (or  "place,"  or  ''premises")  at  (here  iusert  place), 
which  said  structure,  (or  "place,"  or  "premises")  were  then 
and  there  kept  for  the  purpose  of  permitting:  pei-sons  to  fram- 
ble  for  money  and  other  valuable  thinfrs. 

(Section  DID,  page  2G0.j 
did  act  as  door  keeper,  (or  "solicitor,"  or  "money  agent,"  or 
"abettor,"  or  "pimp,")  of  the  premises  at  (here  insert  place), 
the  said  premises  being  then  and  there  kept  for  the  purpose  of 
jtermitting  persons  to  gamble  for  money  and  otlier  valuabli' 
things, 

(Section  912.  page  260.) 
did  keep,  own,  operate  and  use  in  a  certain  room  (or  ■"saloon." 
or  "tavern,"  &c.,)  at  (here  insert  place),  a  certain  clock,  (or 
"joker,"  or  "tape,"  or  "slot  machine,"  or  such  other  device  as 
wa«  used),  upon  (or  "in,"  or  "by,"  or  "through,")  which 
money  was  staked  and  hazarded,  (or  "upon  the  result  of  the 
action  of  which  money  and  other  valuable  things  were  staki>d, 
bet.  hazarded,  won  and  lost."* 

(Section  916,  page  263.) 
did  bet  (or  "wager,"  or  "speculate,"  or  "sell  pools,"  or  "make 
books, ""I    upon   the   result   of  a    certain   horse  race    (or  "horse 
races,") 

GARBAGE.  ASHES  AND  REFUSE. 
The   penal  provisions  on   this  subject  are  found  in  sections     ^ 
1098-1100,  pp.  313-314,  section  1914,  pp.  508-509,  and  section 
915.  p.  512.  R.  M.  C.  of  1905.  Chapter  XXXII. 

FORMS. 

(Section  1098.  page  313.) 
did  then  and  there  use  (or  "occupy.")  a  certain  place  (or 
"places")  to-wit: ,  for  the  receipt  (or  "load- 
ing," or  "dumping")  of  manure  (or  "offal."  or  "garbage") 
which  was  then  and  there  an  offensive  (or  "a  nauseous")  sub- 
stance for  immediate  transportation,  without  first  having  ob- 
tained a  written  permit  for  sud^jpurpose  from  the  commissioner 
of  health. 


CHICAGO    MUNICIPAL   CODE.  471 

(Section  1099,  page  313.) 

did  then  and  there  own  (or  "control")  a  certain  hotel  (or  ^'res- 
taurant," or  "cafe,"  or  "oyster  house,"  or  "saloon,"  or  " 

")   where  more  than  twenty  guests   (or  "boarders") 

were  then  and  there  fed  daily,  and  did  then  and  there  neglect 
to  cause  all  offal,  table  refuse,  shell,  and  animal  and  vegetable 
matter  commonly  known  and  described  as  garbage,  to  be  placed 
in  proper  metallic  cans  practically  air  and  water-tight  and  to 
cause  such  substances  so  deposited  to  be  removed  and  disposed  of 
in  the  manner  prescribed  by  section  1099  of  the  Revised  Munic- 
ipal Code  of  Chicago  of  1905, 

GAS. 

The  penal  provisions  on  this  subject  are  found  in  section 
936,  p.  268,  section  940,  p.  269,  section  943,  p.  270,  and  section 
948.  p.  271,  R.  M.  C.  of  1905,  Chapter  XXVIII. 

FORMS. 

(Section  936,  page  268.) 

(1.) 
did  alter  (or  "change")  a  gas  meter  (or  "a  register  on  a  gas 
meter")  at  (here  insert  place),  with  the  intent  to  defraud  (here 
insert  name  of  person  or  corporation  intended  to  be  defrauded ) , 

(2.) 
being  then  and  there  a  corporation  engaged  in  the  business  of 
furnishing  and  supplying  gas  in  said  city  to  consumers,  did 
require  (here  insert  name),  he  being  then  and  there  a  consumer 

of  gas  in  said  city,  to  pay  for  gas  a  sum  exceeding 

per  one  thousand  cubic  feet, 

GAS— PRICE  OF. 

The  ordinance  on  this  subject  was  passed  Feb.  14,  1906,  and  is 
found  in  the  printed  council  proceedings  of  that  date  on  pp. 
2639-2643.  Its  penal  provisions  are  contained  in  section  3  on 
pp.  2639-2640. 

(forms  omitted.) 


472  PRACTICE  IN   THE   MUNICIPAL   COURT. 

GAS  MANUFACTORY. 

The  penal  provisions  on  this  subject  arc   found  in  section 
1298,  p.  366,  R.  M.  C.  of  1905,  Chapter  XXXII. 
(formh  omitted.) 

GRADES. 
The  penal  provisions  on  this  subject   are   found   in  section 
953,  p.  272,  R.  M.  C.  of  1905,  Chapter  XXIX. 

FORMS. 

(Section  953,  page  272.) 
did  cover  up,   (or  "conceal,"  or  "deface,"  or  "obliterate,"  or 
"disfigure,"  or  "change")   the  location  of  a  certain  concrete 
standard  bench  monument  in  said  city,  located  at  (here  insert 
place), 

GUNPOWDER,  DYNAMITE  AND  HIGH  EXPLOSIVES. 

The  penal  provisions  on  this  subject  are  found  in  section 
968,  p.  278,  R.  M.  C.  of  1905,  Chapter  XXX. 

(Section  956,  page  274.) 
did  keep,  (or  "sell,"  or  "offer  for  sale,"  or  "give  away")  at 
(here   insert  place)    certain   gunpowder,    (or  " g-uncottou, "   or 
"dynamite,"  or  "nitroglycerine,"  or  "fulminate  of  mercury,") 
without  a  license  issued  for  that  purpose, 

(Section  961,  page  275.) 
did  keep  at   (here  insert  place)    (or  "within  one  mile  of  the 
limits  of  said  city,")   gunpowder,   (or  "guncotton,"  or  "giant 
powder, "  or  "  dynamite, "  or  "  nitroglycerine, "  or  "  fulminate  of 
mercury,")  in  quantity,  in  the  aggregate  exceeding  fifty  pounds, 

HARBOR,  HARBORMASTER,  BRIDGES,  WHARVES  AND 

VESSELS. 

The  ordinance  provisions  on  this  subject  are  found  in  Chapter 
XXXI,  R.  M.  C.  of  1905,  pp.  279-295.  The  penal  provisions  are 
found  under  various  heads  as  follows: 

Harbor  and  Harbormaster.     Section  977,  p.  281. 


CHICAGO    MUNICIPAL   CODE.  473 

Bridges.     Sections  982-991,  pp.  282-284. 

Vessels.     Sections  994-996,  p.  285. 

Whaeves.     Sections  997-999,  pp.  285-287. 

Sanitary  Regulations  op  Harbor.  Sections  1002-1006,  pp. 
288-289. 

Miscellaneous  Provisions.  Sections  1007-1008,  pp.  289-290, 
ajid  Sections  1011-1014,  pp.  290-291. 

Rules  of  Navigation.     Sections  1016-1020,  pp.  293-294. 

(forms  omitted.) 

HEALTH  DEPARTMENT. 

(Included  under  the  general  head  of  "Department  of  Health" 
are  the  following  subjects:  "Ambulances  and  Physicians," 
"Burial  of  the  Dead,"  "Building  Regulations,"  "Contagious 
Diseases  and  Infected  Articles,"  "Cigarettes,"  "Cigar  Refuse," 
"Garbage,  Ashes  and  Refuse,"  "Hospitals,"  "Horse  Flesh," 
"Milk  and  Food,"  "Ice,"  "Meat,"  "Unwholesome  and  Adul- 
terated Food,  Drugs,  Water,  t&c,"  "Fruits,  Berries  and  Vegeta- 
bles," "Night  Scavengers,"  "Private  Scavengers,"  "Nui- 
sances, "  "  Slaughtering  and  Rendering, "  "  Undertakers, "  "  Vac- 
cination,"  "Work  Shops,"  and  "Cabbage  Plant."  The  penal 
provisions  pertaining  to  these  various  subjects  are  given  under 
their  several  heads.) 

The  penal  provisions  pertaining  to  the  Health  Department  are 
found  in  sections  133,  135  and  136,  pp.  297-298,  R.  M.  C.  of 
1905,  Chapter  XXXII. 

(forms  omitted.) 

HEALTH  PROVISIONS  GENERALLY— VIOLATION  OF. 

The  penal  provisions  on  this  subject  are  found  in  section 
1303,  p.  368,  R.  M.  C.  of  1905,  Chapter  XXXII. 

(forms  omitted.) 

HORSE  FLESH. 

The  penal  provisions  on  this  subject  are  found  in  section 
1117,  p.  318,  R.  M.  C.  of  1905,  Chapter  XXXII. 

(forms  omitted.) 


474  PRACTICE    IN   THE   MUNICIPAL   COURT. 

HOSPITALS. 

The   penal    provisions  on   this  subject  are  found   in  section 

1108,  p.  317,  R.  M.  C.  of  1905,  Chapter  XXXII,  as  amended  by 

an  ordinance  passed  February  26,  1906,  and  published  on  pajrc^ 

2769-2772  of  the  Council  Proceedings  of  that  date. 

(forms  omitted.) 

HOUSES  OF  ILL  FAME  OR  ASSIGNATION. 

The    penal  provisions  on  this  subject  are   found   in  sections 
1436-1458,  p.  405,  R.  M.  C.  of  1905.  Chapter  XXXIX. 

FORMS. 

(Section  1456,  page  405.) 
did  then  and  there  keep   (or  "maintain")   a  house  of  ill  fame 
(or  "assignation,"  or  "place  for  the  practice  of  fornication,"  or 
"place  for  the  practice  of  lewdness."  or  "place  for  the  practice 
of  prostitution") J 

(Section  1457,  page  405.) 
then  and  there  did  patronize  (or  "did  frequent,"  or  "was  found 
in,"  or  "was  an  inmate  of,")  a  certain  house  of  ill  fame  (oi- 
"house  of  assignation,"  or  "place  for  the  practice  of  prostitu- 
tion," or  "place  for  the  practice  of  lewdness,")  then  and  there 
located  at  number street  in  the  said  city, 

HOUSE  OF  CORRECTION. 

The   penal  provisions  on  this  subject  are  found  in  sections 
1311  and  1312,  p.  371.  R.  M.  C.  of  1905.  Chapter  XXXIII. 

FORMS. 

(Section  1311,  page  370.) 

(1.) 
was  then  and  there  a  person  committed  to  the  House  of  Correc- 
tion of  the  city  of  Chicago,  and  was  then  and  there  lawfully 
commanded  bj^  one  (here  insert),  who  was  then  and  there  the 
superintendent  of  said  House  of  Correction  to  (insert  command 
of  superintendent),  and  did  then  and  there  refuse  to  obey  the 
said  supenntendent  in  his  said  lawful  command. 


CHICAGO    MUNICIPAL   CODE.  475 

(2.) 
was  then  and  there  committed  to  the  House  of  Correction  of  the 
City  of  Chicago,  and  did  then  and  there  molest  (or  "hinder") 
one  (here  insert  name)  who  was  then  and  there  superintendent 
of  said  House  of  Con-eetion  in  the  discharge  of  his  duty, 

(3.) 
was  then  and  there  committed  to  the  House  of  Correction  of  the 
city  of  Chicago,  and  did  then  and  there  escape  (or  "attempt  to 

escape, "  or  "  assist  one to  escape, ' '  or 

"assist  one to  attempt  to  escape") 

from  said  House  of  Correction, 

(4.) 
was  then  and  there  committed  to  the  House  of  Correction  of  the 
city  of  Chicago,  and  did  then  and  there  destroy'  (or  "injure") 
certain  property  appertaining  to  said  House  of  Correction,  to- 
wit:  (here  describe  property), 

(5.) 
was  then  and  there  committed  to  the  House  of  Correction  of  the 
city  of  Chicago  and  did  then  and  there  transgress  (or  "violate") 
a  certain  rule  of  discipline  of  said  House  of  Correction,  to-wit : 
(here  insert  rule), 

(Section  1312,  page  370.) 
did  then  and  there  molest  (or  "interfere  with")  one  (here  insert 
name)  who  was  then  and  there  the  superintendent  of  the  House 

of  Correction  of  the  City  of  Chicago  (or  "one 

who  was  then  and  there  a  person  in  the  custody  of  one 

,  who  was  then  and  there  the  superintendent  of  the 

House  of  Correction  of  the  city  of  Chicago"), 

HOUSE  MOVERS. 
The   penal  provisions  on  this  subject  are  found  in  sections 
1904  and  1905,  pp.  503-504,  R.  M.  C.  of  1905,  Chapter  LIT. 
(forms  omitted.) 

HUMAN  BODY. 

The  penal   provisions  on  this  subject  are   found  in   section 
1058,  p.  303,  R.  M.  C.  of  1905,  Chapter  XXXII. 
(forms  omitted.) 


476  PRACTICE   IN    THE   MUNICIPAL   COURT. 

ICE. 

The  penal  provisions  on  this  subject  are  found  in  section 
1148,  pp.  329-330,  and  sections  1151-1152,  p.  331,  R.  M.  C.  of 
1905,  Chapter  XXXII. 

(forms  omitted.) 

ILL  GOVERNED  OR  DISORDERLY  HOUSES. 

The  penal  provisions  on  this  subject  are  found  in  section 
1460,  p.  405,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

forms. 
(Section  1460,  page  405.) 

(1.) 
was  then  and  there  the  keeper  of  a  certain  common  (or  "ill  gov- 
erned," or  "disorderly,")  house  (or  "room,"  or  whatever  the 
place  was)  then  and  there  kept  for  the  encouragement  of  idle- 
ness (or  "gaming,"  or  "drinking,"  or  "fornication,"  or  what- 
ever it  was)  which  said  house  (or  "room,"  or  whatever  it  was) 

was  then  and  there  located  at  nimiber 

street  in  said  city, 

(2.) 
w^as  then  and  there  a  person  connected  with  the  maintenance  of 
a  certain  common  (or  "ill-governed,"  or  "disorderly")  house 
(or  "room,"  or  whatever  the  place  was)  then  and  there  kept  for 
the  encouragement  of  idleness  (or  "gaming,"  or  "drinking,"  or 
"fornication,"  or  whatever  it  was  kept  for)  which  said  house 
(or  "room,"  or  whatever  the  place  was)  was  then  and  there 
located  at  number street  in  said  city, 

(3.) 
was  then  and  there  a  person  patronizing  a  certain  common  (or 
"ill-governed,"  or  "disorderly")  house  (or  "room,"  or  what- 
ever the  place  was)  then  and  there  kept  for  the  encouragement 
of  idleness  (or  "gaming,"  or  "drinking,"  or  "fornication,"  or 
whatever  it  was  kept  for)  which  said  house  (or  "room.,"  or  what- 
ever the  place  was)  was  then  and  there  located  at  number 

street  in  said  city, 

(4.) 
was  then  and  there  a  person  frequenting  a  certain  common  (or 
"ill-governed,"  or  "disorderly")   house   (or  "room,"  or  what- 


CHICAGO   MUNICIPAL   CODE.  477 

ever  the  place  was)  then  and  there  kept  for  the  encouragement 
of  idleness  (or  "gaming,"  or  "drinking,"  or  "fornication,"  or 
whatever  it  was  kept  for)  which  said  house  (or  "room,"  or  what- 
ever the  place  was)  was  then  and  there  located  at  number 

street  in  said  city, 

IMMATURE  CALF,  PIG  OR  LAMB. 

The  penal  provisions  on  this  subject   are  found   in  section 
1169,  p.  334,  R.  M.  C.  of  1905,  Chapter  XXXII. 

FORMS. 

(Section  1169,  page  334.) 

(1.) 
did  then  and  there  bring  (or  "sell,"  or  "offer  for  sale"),  for 
human  food  a  certain  calf  (or  "part  of  the  meat  of  a  certain 
calf"),  which  at  the  time  it  was  killed  was  less  than  four  weeks 
old, 

(2.) 
did  then  and  there  bring  (or  "sell,"  or  "offer  for  sale"),  in  the 
city  of  Chicago  for  human  food  a  certain  pig  (or  "part  of  the 
moat  of  a  certain  pig"),  which  pig  at  the  time  it  was  killed  was 
less  than  five  weeks  old, 

(3.) 
did  then  and  there  bring  (or  "sell,"  or  "offer  for  sale")  in  the 
city  of  Chicago  for  human  food  a  certain  lamb  (or  "part  of  the 
meat  of  a  certain  lamb"),  which  at  the  time  it  was  killed  was 
less  than  eight  weeks  old, 

IMPURE  LITERATURE  RELATING  TO  DISEASES. 

The  penal  provisions  on  this  subject  are  found  in  sections 
1461  and  1462,  pp.  405-406,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

FORMS. 

(Sections  1461  and  1462,  pages  405  and  406.) 
did  then  and  there  sell  (or  "offer  to  sell,"  or  "give  away,"  or 
' '  distribute, "  or  "  have  in  his  possession  with  intent  to  give  away, 

sell  or  distribute ' ' )  upon street  in  said 

city,  a  book  (or  "pamphlet,"  or  "circular,"  or  "handbill,"  or 
^'advertisement,"  or  "notice")    of  the  character  described  in 


478  PRACTICE   IN   THE   MUNICIPAL   COURT. 

section  1461  (or  "section  1462,"  as  the  case  may  be;  of  the  Re- 
vised Municipal  Code  of  Chicago  of  1905, 

INCLOSING  WALLS  OR  FENCES  OF  RAILWAYS. 

The  penal  provisions  on  this  subject   are   found   in   section 
1996,  p.  530,  R.  M.  C.  of  1905,  Chapter  LIII. 
(forms  omitted.) 

INDECENT  EXHIBITIONS  OF  ANIMALS. 

The  penal  provisions  on  this  subject   are   found  in  section 
1467,  p.  407,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

FORMS. 

(Section  1467,  page  407.) 

did  then  and  there  indecently  exhibit  a  certain  stud  (or  "horse," 
or  "bull"), 

(2.) 
did  then  and  there  let  a  certain  stud  horse  to  a  certain  mare 
within  the  city  in  a  place  not  enclosed  and  not  out  of  public 
view,  to-wit,  at  (here  describe  place), 

(3.) 
did  then  and  there  let  a  certain  bull  to  a  certain  cow  within  the 
city  of  Chicago  at  a  place  not  enclosed  and  not  out  of  public 
view,  to-wit,  at  (here  describe  place), 

INDECENT  EXPOSURE. 

The  penal  provisions  on  this  subject  are  found  in  section 
1465,  p.  407,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

FORMS. 

(Section  1465,  page  407.) 

(1.) 

did  then  and  there  appear  in which  was  then  and 

there  a  public  place  in  the  city  of  Chicago,  in  a  state  of  nudity 
(or  "in  a  dress  not  belonging  to  his  sex,"  or  "in  a.  dress  not  be- 
longing to  her  sex,"  or  "in  an  indecent  dress,"  or  "in  a  lewd 
dress"), 


CHICAGO    MUNICIPAL   CODE.  479 

(2.) 
did  then  and  there  make  an  indecent  exposure  of  his  (or  "her") 
person, 

(3.) 
was  then  and  there  guilty  of  a  certain  lewd  (or  "indecent"  act 
or  "behavior"), 

INDECENT,  LEWD  AND  FILTHY  ACTS. 

The  penal  provisions  on  this  subject  are  found  in  section 
1466,  p.  407,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

FORMS. 

(Section  1466,  page  407.) 

(1.) 
did  then  and  there  commit  a  certain  indecent  (or  "lewd"  or 

"filthy")  act  in which  was  then  and  there 

located  at in  the  city  of  Chicago, 

(2.) 
did  then  and  there  utter  certain  lewd   (or  "filthy")  words  in 
the  hearing  of  other  persons  publicly, 

INDECENT  LITERATURE  AND  IMMORAL  EXHIBI- 
TIONS. 
The  penal   provisions  on  this  subject  are   found  in   section 
1464,  pp.  406-407,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

FORMS. 

(Section  1464,  page  406.) 

(1.) 
did  then  and  there  exhibit  (or  "sell,"  or  "offer  to  sell,"  or  "cir- 
culate," or  "distribute,")  a  certain  indecent  book  (or  "lewd 
book,"  or  "indecent  picture,"  or  "lewd  picture,"  or  whatever 
else  it  was)  which  was  then  and  there  of  an  immoral  nature,  (or 
"of  a  scandalous  nature"), 

(2.) 
did  then  and  there  exhibit  (or  "perform")  a  certain  indecent 
(or  "immoral,"  or  "lewd")    play    (or  whatever  else  it  was) 
which  was  then  and  there  a  representation. 


480  PRACTICE    IN    THE    MUNICIPAL    COURT. 

(3.) 
did  then  and  there  use  threatening:  (or  "abusive")  language  ni 
the  hearing  of  other  persons  publicly, 

(4.) 
did    then    and    there    make   a    certain   obscene   gesture   to  (or 
"about")  a  certain  other  person  publicly, 

INJURIES  BY  AUTOMOBILES,  BICYCLES,  CAR- 
RIAGES, &c. 

The  penal   provisions  on  this  subject  are  found  in  section 
1427,  p.  398,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

FORMS. 

(Section  1427,  page  398.) 

(1-) 
was  then  and  there  riding  (or  "driving,"  or  "propelling")  a 
certain  bicycle  (or  "motorcycle,"  or  "automobile,"  or  "car- 
riage," or  "wagon,"  or  whatever  the  vehicle  was)  along  and 
upon  a  certain  public  highway  in  said  city  known  as  (here  insert 
name  of  highway)  and  did  then  and  there  run  against  (or 
"upon,"  or  "over")  a  certain  person  to-wit,  (here  insert  name) 
(or  "the  property  of  a  certain  person,  to-wit:  [here  insert  name] 
then  and  there  in  the  personal  possession  of  him  the  said  [here 
insert  name]  ")  and  did  thereby  cause  an  injury  (or  "damage") 
to  said  (here  insert  name)  (or  "the  property  of  said  [here  insert 
name]  "),  and  did  not  then  and  there  at  once  stop  to  ascertain 
the  extent  of  said  injury  and  to  render  such  assistance  as  was 
then  and  there  needed, 

(2.) 
was  then  and  there  riding  (or  "driving,"  or  "propelling")  a 
certain  bicycle  (or  "motorcycle,"  or  "automobile,"  or  "car- 
riage," or  "wagon,"  or  whatever  the  vehicle  was)  along  and  upon 
a  certain  highway  in  said  city  known  as  (here  insert  name  of 
highway)  and  did  then  and  there  run  against  (or  "upon,"  or 
"over")  a  certain  person,  to-wit:  (here  insert  name)  [or  "the 
property  of  a  certain  person  to-wit:  (here  insert  name)  then  and 
there  in  the  personal  possession  of  him  the  said  (here  insert 
name")]   and  did  thereby  cause  an  injury  (or  "damage")  to 


CHICAGO    MUNICIPAL.   CODE.  481 

said  (here  insert  name)   (or  ''the  property  of  said 

")  and  did  then  and  there  refuse  to  give  his  true  name 

and  residence, 

(3.) 
was  then  and  there  riding  (or  "driving,"  or  "propelling")  a 
certain  bicycle  (or  "motorcycle,"  or  "automobile,"  or  "car- 
riage," or  "wagon,"  or  whatever  the  vehicle  was)  along  and 
upon  a  certain  public  highway  in  said  city  known  as  (here  insert 
name  of  highway)    and  did  then   and  there  run   against    (or 

"upon,"  or  "over")  a  certain  person,  to-wit: 

(or  "the  property  of  a  certain  person,  to-wit : 

then  and  there  in  the  personal  possession  of  him  the  said 

")   and  did  thereby  cause  an  injury  (or  "damage")  to 

the  said  (here  insert  name)  (or  "the  property  of  said 

"),  and  did  then  and  there  give  a  false  name  (or 

"residence")  when  said  name  (or  "residence")  was  then  and 
there  asked  for  by  the  person  so  injured  as  aforesaid  (or  "by 
one a  person  then  and  there  asking  in  be- 
half of  the  person  so  injured  as  aforesaid"), 

JAIL. 

The   penal   provisions  on  this  subject  are  found  in   section 
1297,  p.  367,  R.  M.  C.  of  1905,  Chapter  XXXII. 
(forms  omitted.) 

KEEPERS  OF  JUNK  SHOPS. 

The  penal   provisions  on  this  subject  are  found  in  section 
2040,  p.  543,  and  section  2046,  p.  544,  R.  M.  C.  of  1905,  Chapter 

LVII. 

(forms  omitted.) 

KILLING  BIRDS  IN  CITY  LIMITS. 
The  penal   provisions  on  this  subject  are   found  in  section 
1487,  p.  413,  R.  M.  C.  of  1905,  Chapter  XXXIX. 
(forms  omitted.) 

LIBRARY. 

The  penal  provisions  on  this  subject  are  found  in  sections 
1321  and  1322,  p.  372,  R.  M.  C.  of  1905,  Chapter  XXXIV. 
31 


482  PRACTICE    lis    THE    MUNICIPAL    COURT. 

FORMS. 

(Section  1321,  page  372.) 
did  then  and  there  wilfully  (or  "maliciously")  cut  (or  "write 
upon,"  or  "injure,"  or  "deface,"  or  "tear,"  or  "destroy")  a 
certain  book    (or  "newspaper,"  or  "plate,"  or  "picture,"  or 

"engraving,"  or  " a  thing  of  value")  then  and 

there  belonging  to  the  Chicago  Public  Library  (or  "one  of  the 

branches  of  the  Chicago  Public  Library")  located  at  No 

street  in  said  city, 

(Section  1322,  page  372.) 
did  then  and  there  wilfully  (or  "maliciously")  commit  an  in- 
jury upon  the  Chicago  Public  Library  (or  "the  grounds  of  the 
Chicago  Public  Library,"  or  "one  of  the  buildings  of  the  Chi- 
cago Public  Library, "  or  "  certain  furniture  of  the  Chicago  Pub- 
lic Library,"  or  "certain  fixtures  of  the  Chicago  Public  Libra- 
ry," or  "certain the  property  of  the  Chicago  Pub- 
lic Library"), 

LICENSES. 
The   penal   provisions  on  this  subject  are  found  in  section 
1327,  p.  374,  R.  M.  C.  of  1905,  Chapter  XXXV. 

FORMS. 

(Section  1327,  page  374.) 
was  then  and  there   a  person  named  as  licensee  in  a  certain 
license  granted  by  the  J\Iayor  of  the  city  of  Chicago  for  the  pur- 
pose of  conducting  the  business  of ,  and  did  then 

and  there  fail  to  cause  to  be  posted  and  to  remain  posted  the 
said  license  as  required  by  section  1327  of  the  Revised  Municipal 
Code  of  Chicago  of  1905, 

LIGHTS  AT  RAILWAY  CROSSINGS. 
The  penal  provisions  on  this  subject  are  found  in  sections 
1997  and  1998,  pp.  530-531,  R.  M.  C.  of  1905,  Chapter  LIIL 

(forms  OMITTED.) 

LIGHTS  ON  VEHICLES. 
The   penal   provisions  on  this  subject  are  found  in  section 
1441,  p.  401,  R.  M.  0.  nf  1905,  Chapter  XXXIX. 


CHICAGO   MUNICIPAL   CODE.  483 

FORMS. 

(Section  1443,  page  401.) 
was  then  and  there  the  owner  (or  "driver")  of  a  certain  auto- 
mobile (or  "wagon,"  or  "truck,"  or  "dray,"  or  "cart,"  or 
"carriage,"  or  "cab,"  or  "omnibus,"  or  "bicycle,"  or  "motor- 
cycle," or  whatever  the  vehicle  was,  which  was  then  and  there  a 
wheeled  vehicle")  and  did  then  and  there  use  the  streets  of  said 
city  with  the  same  after  the  hour  of  eight  o'clock  P.  M.  of  the 
said day  of A.  D.  19 and  be- 
fore the  break  of  day  of  the  said day  of 

A.  D.  19 without  having  displayed  upon  said  (here  insert 

Jiame  of  vehicle  used)  one  or  more  lights, 

LIQUOR. 

The  penal  provisions  on  this  subject  are  found  in  sections 
1331-1344,  pp.  378-379,  sections  1346-1352,  pp.  379-382,  section 
1358,  p.  383,  section  1366,  p.  385,  section  1372,  p.  387,  and  sec- 
tion 1378,  p.  388,  R.  M.  C.  of  1905,  Chapter  XXXVII. 

FORMS. 

(Section  1341,  page  378.) 

did  then  and  there  operate   (or  "maintain,"  or  "conduct")   a 

certain  saloon  (or  "dram  shop,"  or  " ")  which 

was  then  and  there  a  place  in  which  malt  (or  "vinous,"  or  "spir- 
ituous," or  "intoxicating")  liquors  were  then  and  there  sold 
(or  "given  away,"  or  "dealt  in")  and  did  then  and  there  use 
(or  "maintain")  in  connection  with  said  saloon  (or  'Mram 
shop,"  or  " ")  as  a  part  thereof  (or  "an  ad- 
junct thereto")  a  certain  wine  room  (or  "private  apartment"), 
the  interior  of  which  was  then  and  there  shut  off  from  the  public 
view  by  doors  (or  "curtains,"  or  "screens,"  or  "partitions,"  or 
" "), 

(Section  1342,  page  378.) 
did  then  and  there  operate  (or  "maintain,"  or  "conduct")  a 

certain  restaurant  (or  "cafe,"  or  "dining  room,"  or  " 

")   and  did  then  and  there  serve   (or  "permit  to  be 

served")  certain  malt  (or  "vinous,"  or  "spirituous,"  or  "in- 
toxicating") liquors  in  a  certain  private  apartment  which  was 


484  PRACTICE    IN    THE    MUNICIPAL    COURT. 

then  and  there  maiutained  as  a  part  of  (or  "an  adjunct  to") 

said  restaurant  (or  "cafe,"  or  "dining  room,"  or  " 

")   to  a  number  of  persons  less  than  four,  to-wit:  to 

(here  state  number)  persons,  all  of  said  (here  state  number)  per- 
sons not  being-  then  and  there  members  of  the  same  sex,  but  there 
being  then  and  there  (here  state  number)  men  and  (here  state 
number)  women  in  said  party, 

(Section  1344,  page  379.) 
did  then  and  there  keep  a  certain  place  licensed  as  a  saloon  or 
dram  shop  located  at  (here  describe  location)  as  provided  by 
Article  I  of  Chapter  XXXVI  of  the  Revised  Municipal  Code  of 
Chicago  of  1905,  and  did  then  and  there  permit  (or  "suffer")  a 
certain  person,  to-wit:  (here  give  name)  to  play  a  certain  game 
of  chance,  to-wit:  (here  insert  name  of  game)   for  money   (or 

" ,  a  valuable  thing")  and  did  thereby  keep 

(or  "maintain")  a  public  nuisance, 

(Section  1347,  page  379.) 

(1.) 
did  then  and  there  keep  (or  "conduct,"  or  "maintain")  a  cer- 
tain saloon  (or  "dram  shop")  and  did  then  and  there  post  (or 
"cause  to  be  posted,"  or  "permit  to  remain  posted")  in  (or 
"upon")  a  certain  part  of  the  bar  room'  (or  "a  certain  room") 
then  and  there  used  for  said  saloon  (or  "dram  shop")  a  certain 
paper  (or  "document")  then  and  there  purporting  to  be  a 
saloon  (or  "dram  shop")  license  issued  under  the  authority  of 
the  city  of  Chicago  and  which  said  paper  (or  "document")  was 
not  then  and  there  in  fact  a  saloon  (or  "dram  shop")  license 
issued  under  the  authority  of  the  city  of  Chicago, 

(2.) 
did  then  and  there  keep  (or  "conduct"  or  "maintain")  a  cer- 
tain saloon  (or  "dram  shop")  and  did  then  and  there  post  (or 
"cause  to  be  posted,"  or  "permit  to  remain  posted")  in  (or 
"upon")  a  certain  part  of  the  bar  room  (or  "a  certain  room") 
then  and  there  used  for  said  saloon  (or  "dram  shop")  a  certain 
saloon  (or  "dram  shop")  license,  then  and  there  expired, 

(Section  1348,  page  380.) 
did  not  then  and  there  have  a  license  to  keep  a  dram  shop,  and 
did  then  and  there  by  himself  (or  "another")  as  principal  (or 


CHICAGO   MUNICIPAL   CODE.  485 

*'elerk,"  or  "servant")  sell  (or  "give  away,"  or  "deal")  iu 
malt  (or  "spirituous,"  or  "vinous,"  or  "intoxicating")  liquor 
in  quantities  of  less  than  one  gallon  (or  "in  the  quantity  of 
(here  insert  quantity)  to  be  drank  upon  the  premises")  without 
being  licensed  so  to  do  in  accordance  with  and  pursuant  to  the 
provisions  of  Article  I,  Chapter  XXXVI,  of  the  Revised  Mu- 
nicipal Code  of  Chicago  of  1905, 

LIVERY  STABLE. 
The  penal  provisions  on  this  subject  are  found  in  sections 
2374,  2375  and  2377,  p.  637,  R.  M.  C.  of  1905,  Chapter  LXIX. 

(forms  omitted.) 

LOTTERIES. 
The  penal  provisions  on  this  subject  are  found  in  an  ordinance 
passed  March  27,  1905,  set  forth  on  pages  701-703,  R.  M.  C.  of 
1905. 

(forms  omitted.) 

LOUNGERS  AND  LOAFERS. 
The  penal  provisions  on  this  subject  are  found  in  section 
1475,  p.  409,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

forms. 
(Section  1475,  page  409.) 
did  then  and  there  obstruct  (or  "encumber")  a  certain  street 
comer  (or  "public  place")  to- wit:  (here  give  name  or  descrip- 
tion of  place)  then  and  there  located  in  the  city  of  Chicago  at 
(here  describe  location)  by  lounging  in  and  about  the  same  after 
having  been  requested  to  move  on  by  a  police  officer, 

LUMBER. 

The  penal  provisions  on  this  subject  are  found  in  section 
1381,  p.  389,  R.  M.  C.  of  1905,  Chapter  XXXVII. 
(forms  omitted.) 

MEAT. 
The  penal  provisions  on  this  subject  are  found  in  sections 
1154  and  1159,  p.  332,  R.  M.  C.  of  1905,  Chapter  XXXII. 
(forms  omitted.) 


48t)  PRACTICE    IN    THE    MUNICIPAL    COURT. 

MEAT  AND  FOWL  PROHIBITED. 

The  penal  provisions  on  this  subject  are  found  in  section 
1166,  p.  334,  R.  M.  C.  of  1905,  Chapter  XXXII. 

FORMS. 

(Section  1166,  page  334.) 

did  then  and  there  hold  (or  "buy,"  or  "sell,"  or  "offer  for 

sale")  for  human  food  in  premises  known  as  number 

street  in  the  city  of  Chicago  certain  cased  (or 

"blown,"  or  "plaited,"  or  "raised,"  or  "stuffed,"  or  "putrid," 
or  "impure,"  or  "unhealthy,"  or  "unwholesome,")  meat  (or 
"fish,"  or  "bird,"  or  "fowl,") 

MEAT  MARKETS,  DELICATESSEN  STORES,  POULTER- 
ERS AND  FISH  MONGERS. 
The  penal  provisions  on  this  subject  are  found  in  section 
1411,  p.  295,  R.  M.  C.  of  1905,  Chapter  XXXVIII. 

FORMS. 

(Section  1411,  page  295.) 

did  then  and  there  conduct  a  meat  market  at  number 

street,  in  said  city,  and  did  then  and  there  have  a 

license  to  conduct  said  meat  market,  and  did  then  and  there  sell 
certain  meat,  to-wit:  (here  state  kind  of  meat)  to  one  (here  in- 
sert name  of  purchaser)  without  weighing  said  meat  in  a  scale 
by  weights  or  beam  properly  sealed, 

MILK  AND  FOOD. 

The  penal  provisions  on  this  subject  are  found  in  sections 
1122-1123,  pp.  319-320,  and  sections  1125-1145,  pp.  321-328,  R. 
M.  C.  of  1905,  Chapter  XXXII. 

FORMS. 

(Section  1122,  page  319.) 
did  then  and  there  wilfully  connive  at  (or  "assist")  in  the  viola- 
tion by  one  (here  insert  name)  of  a  certain  provision  of  Article 
15  of  the  Revised  Municipal  Code  of  Chicago  of  1905  he  the  said 
(name  of  defendant)  being  then  and  there  an  officer  (or  "em- 
ployee")  of  the  milk  and  food  division  of  the  department  of 


CHICAGO    MUNICIPAL   CODE.  487 

health  of  the  city  of  Chicago,  which  said  provision  was  then  and 
there  in  the  words  and  figures  following,  to-wit:  (here  insert  pro- 
vision) j 

(Section  1123,  page  319.) 

(1.) 
did  then  and  there  sell  (or  "offer  for  sale,"  or  "expose  for  sale," 
or  "dispose  of,"  or  "exchange,"  or  "deliver")  milk  (or 
"cream")  for  human  food  without  first  having  obtained  a  license 
so  to  do,  he  the  said  (name  of  defendant)  being  then  and  there 
a  driver  of  a  certain  milk  wagon  (or  "the  servant  of  a  vender 
of  milk,"  or  "the  agent  of  a  vender  of  milk"), 

(2.) 
he  being  then  and  there  the  driver  of  a  certain  milk  wagon  (or 
"the  servant  of  a  vender  of  milk,"  or  "the  agent  of  a  vender 
of  milk,")  did  then  and  there  with  the  intent  to  sell  (or  "offer 
for  sale, "  or  "  expose  for  sale, "  or  "  dispose  of, "  or  "  exchange, '  * 
or  "deliver")  have  in  his  (or  "their")  possession  (or  "care," 
or  " custody, "  or  " control " )  milk  (or  "cream")  for  human  food 
without  first  having  been  licensed  so  to  do, 

MINORS— FALSE  REPRESENTATIONS  BY. 

The  penal  provisions  on  this  subject  are   found  in  section 

1436,  p.  400,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

FORMS. 

(Section  1437,  page  400.) 
was  then  and  there  a  minor  and  was  then  and  there  of  about 

the  age  of years,  and  did  then  and  there 

obtain  from  one  (here  insert  name  of  person  from  whom  ob- 
tained) who  was  then  and  there  proprietor,  (or  "agent  of  the 
proprietor")  of  a  certain  saloon,  (or  "grocery")  certain  intoxi- 
cating liquors,  to-wit:  (here  insert  kind  of  liquor)  under  the 
false  pretense  that  he,  the  said  (here  insert  name  of  defendant) 
was  then  and  there  of  age  and  not  a  minor, 

MINORS— FLIPPING  CARS  BY. 

The   penal   provisions  on  this  subject  are  found  in  section 

1437,  p.  400,  R.  M.  C.  of  1905,  Chapter  XXXIX. 


488  PRACTICE    IN   THE   MUNICIPAL   COURT. 

FORM. 

(Section  1437,  page  400.) 
was  then  and  there  a  minor  and  was  then  and  there  under  the 
age  of  18  years,  and  did  then  and  there  climb  (or  "jump  upon," 
or  "cling  to,"  or  "attach  himself  to,")  a  certain  horse  car  (or 

' '  electric  car, "  or  "  cable  car, "  or  "...-. street 

car,"  or  "railroad  locomotive,"  or  "railroad  car")  while  said 
(here  insert  kind  of  car  or  locomotive)  was  then  and  there  in 
motion, 

MINORS— GAMBLING  IN  SALOONS  BY. 

The   penal  provisions  on  this  subject  are   found  in  section 
1435,  p.  400,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

FORM. 

(Section  1435,  page  400.) 

was  then  and  there  a  minor  and  was  then  and  there  of  about  the 

age  of years,  and  did  then  and  there  in  a  certain 

saloon  (or  "grocery,"  or  "room,"  or  " ")  where 

intoxicating  liquors  were  then  and  there  sold,  play  with  dice, 

(or  "dominos,"  or  "cards,"  or  "balls,"  or  " 

which  was  then  and  there  an  article  used  in  gaming"), 

MINORS— INTOXICATION  OF  OR  PURCHASING 
LIQUORS  BY. 

The   penal  provisions   on  this  subject  are   found  in  section 
1434,  p.  400,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

FORM. 

(Section  1434,  page  400.) 

was  then  and  there  a  minor  and  was  then  and  there  of  the  age 
of years,  and  was  then  and  there  intoxi- 
cated, and  the  said  (here  insert  name  of  defendant)  did  then 
and  there  pujchase  (or  "offer  to  purchase,"  or  "obtain")  for 
the  personal  use  of  him  the  said  (here  insert  name  of  minor)  cer- 
tain  which  was  then  and  there  intoxicating  liquor^ 

in  a  certain  licensed  saloon  (or  "grocery"), 


CHICAGO    MUNICIPAL   CODE.  489 

MINORS— SALE  OF  MATERIALS  IMPREGNATED  WITH 

LIQUORS. 
The   penal  provisions   on  this  subject  are   found   in  section 

1438,  p.  400,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

FORM. 

(Section  1438,  page  400.) 
did  then  and  there  sell  to  (or  "deliver  to,"  or  "procure  for") 
one  (here  insert  name  of  minor)  who  was  then  and  there  a  minor 
under  the  age  of  16  years  certain  cigarettes  (or  "whisky,"  or 
"drops  saturated  with  spirituous  (or  "vinous,"  or  "ferment- 
ed,") liquor,"  or  "candy  saturated  with  spirituous  (or  "vin- 
ous," or  "fermented")  liquor,"  or  "drops  enclosing  spirituous 
(or  "vinous,"  or  "fermented")  liquor,"  or  "candy  enclosing- 
spirituous  (or  "vinous,"  or  "fermented")  liquor," 

MINORS— SALE  OF  TOBACCO  TO. 

The   penal  provisions  on  this  subject  are   found  in  section 

1439,  p.  400,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

FORM. 

(Section  1439,  page  400.) 
did  then  and  there  sell  (or  "furnish")  certain  cigars  (or  "to- 
bacco") to  one  (here  insert  name  of  minor)  who  was  then  and 
there  a  minor  under  16  years  of  age,  without  the  written  order 
of  one  (here  insert  name  of  parent  or  guardian)  who  was  then 
and  there  the  parent  (or  "guardian")  of  said  (here  insert  name 
of  minor), 

MUTILATION  OF  POSTERS. 
The  penal  provisions  on  this  subject  are  found  in  section  1482, 
p.  411,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

FORMS. 

(Section  1482,  page  411.) 
did  then  and  there  destroy  (or  "tear,"  or  "mutilate,"  or  "cover 
over,"  or  "deface,"  or  "injure")  a  certain  bill  (or  "poster") 
posted  (here  state  place  where  posted)  in  violation  of  the  pro- 
visions of  section  1482,  of  the  Revised  Municipal  Code  of  Chi- 


490  ri: AcTiCK  i.x  the  municipal  court. 

cago  of  1905,  which  said  provision  of  said  section  1482  was  then 
and  there  in  the  words  and  figures  following,  to-wit:  (here  insert 
section  1482), 

NIGHT  SCAVENGERS. 

The  penal  provisions  on  this  subject  are  found  in  sections 
1177,  1179  and  1181,  p.  336,  section  1185,  p.  337,  and  section 
1188,  p.  338,  R.  M.  C.  of  1905,  Chapter  XXXII. 

FORMS. 

(Section  1177,  page  336.) 
did  then  and  there  empty  (or  "clean,"  or  "remove,")  the  con- 
tents of  a  certain  privy  vault  located  at  number 

street   in   the   city   of   Chicago   without  first   having 

obtained  a  license  so  to  do, 

(Section  1179,  page  336.) 

(1.) 
did  then  and  there  have  a  license  to  empty  (or  "clean,"  or  "re- 
move") the  contents  of  privy  vaults  in  said  city  and  did  then 
and  there  remove  (or  "cause  to  be  removed")  the  contents  of 

a  certain  privy  vault  located  at  premises  known  as  number 

street  in  the  city  of  Chicago  without  first 

having  obtained  a  permit  therefor  from  the  commissioner  of 
health  of  the  city  of  Chicago, 

(2.) 
did  then  and  there  engage  in  the  business  of  slaughtering  live 
stock  (or  "rendering  animal  matter,"  or  "the  manufacture  of 
certain  by-products  of  animal  matter,")  at  premises  known  as 

within  the  city  of  Chicago   (or 

"within  one  mile  of  the  limits  of  the  city  of  Chicago,")  without 
having  first  obtained  a  license  therefor  as  provided  in  Article 
20  of  the  Revised  Municipal  Code  of  Chicago  of  1905, 

NIGHT  WALKERS. 

The  penal  provisions  on  this  subject  are  found  in  section  1459, 
p.  405,  R.  M.  C.  of  1905,  Chapter  XXXIX. 


CHICAGO  MUNICIPAL  CODE.  491 

FORMS. 

(Section  1459,  page  405.) 

(1.) 
was  then  and  there  a  prostitute,  and  was  then  and  there  plying 
her  vocation  upon    a    certain  street   (or  "alley,"  or  "public 
place")  in  said  city  to-wit:  (here  insert  name  of  street  or  de- 
scription of  alley  or  place), 

(2.) 
was  then  and  there  a  person  of  evil  fame  (or  "report")  and  was 
then  and  there  plying  his  vocation  upon  a  certain  street  (or 
"alley,"  or  "public  place")   in  said  city  to-wit:   (here  insert 
name  of  street  or  description  of  alley  or  place), 

(3.) 
was  then  and  there  a  solicitor  to  prostitution  and  was  then  and 
there  plying  his  vocation  upon  a  certain  street  (or  "alley,"  or 
"public  place")  in  said  city  to-wit:  (here  insert  name  of  street 
or  description  of  alley  or  place), 

NOISE. 

The  penal  provisions  on  this  subject  are  found  in  sections 
1451-1453,  p.  403,  R.  M.  C.  of  1905,  Chapter  XXXIX. 
(forms  omitted.) 

NURSERIES. 
The  penal  provisions  on  this  subject  are  found  in  section  1509, 
p.  418,  R.  M.  C.  of  1905,  Chapter  XL. 

(forms  OMITTED.) 

NUISANCES. 
The  penal  provisions  on  this  subject  are  found  in  sections 
1201-1205,  pp.  341-343,  and  sections  1208  and  1209,  p.  343,  R. 
M.  C.  of  1905,  Chapter  XXXII,  and  sections  1451-1453,  p.  403, 
R.  M.  C.  of  1905,  Chapter  XXXIX. 

forms. 

(Section  1450,  page  403.) 

did  then  and  there  make  (or  "caused  to  be  made,"  or  "permit 

to  be  made,"  or  "allowed  to  be  made")  a  certain  noise  by  means 


492  PRACTICE    IN    TJIE    MUNICIPAL    COURT. 

of  a  certain  whistle  (or  "rattle,"  or  "bell,"  or  "gong,"  or 
"clapper,"  or  "hammer,"  or  "drum,"  or  "horn,"  or  (whatever 
the  instrument  was)  then  and  there  a  mechanical  device  for  the 
purpose  of  attracting  the  attention  (or  "inviting  the  patron- 
age") of  certain  persons  to  a  certain  business,  to- wit:  (here  de- 
scribe business)  in  said  city,  (or  "for  the  purpose  of  advertising 
goods,  wares  and  merchandise,") 

(Section  1452,  page  403.) 

•       (1.) 
did  then  and  there  transport  over  and  along  the  streets  of  said 
city  upon  a  certain  cart  (or  "dray,"  or  "ear,"  or  whatever  the 
vehicle  was)  certain  rails  (or  "pillars,"  or  "columns  of  iron," 

or  "columns  of  steel,"  or  "columns  of ")  and  did 

then  and  there  fail  to  load  said  rails  (or  "pillars,"  or  "columns 

of  iron,"  or  "columns  of  steel,"  or  "columns  of ") 

upon  said  cart  (or  "dray,"  or  "car,"  or  " ") 

so  as  to  avoid  causing  loud  noises, 

(2.) 
did  then  and  there  transport  over  and  along  the  streets  of  said 

city  upon  a  certain  cart  (or  "dray,"  or  "car,"  or  " ") 

certain  rails  (or  "pillai's,"  or  "columns  of  iron,"  or  "columns  of 

steel,"  or  "columns  of ")  and  did  then  and  there 

fail  to  load  said  rails  (or  "pillars,"  or  "columns  of  iron,"  or 

"columns  of  steel,"  or  "columns  of ")  upon  said  cart 

(or  "dray,"  or  "car,"  or  " ")  so  as  to  avoid  dis- 
turbing the  peace  and  quiet  of  said  streets, 

(Section  1453,  page  403.) 
did  then  and  there  use  (or  "perform  with")  a  certain  hand 
organ  (or  whatever  the  instrament  was)  which  was  then  and 
there  a  musical  instrument  for  pay  (or  "in  expectation  of  pay- 
ment") in  (here  insert  name  of  street)  street  in  said  city  (or  "in 
(here  give  name  of  place)  Avhich  was  then  and  there  a  public 
place  in  said  city,  before  nine  o'clock  in  the  morning  of  said  daj^ 
(or  "after  nine  o'clock  in  the  evening  of  said  day"), 

OBJECTS  ON  WINDOW-SILLS,  ETC. 
The  penal  provisions  on  this  subject  are  found  in  section  1481, 
p.  411,  R.  M.  C.  of  1905,  Chapter  XXXIX. 


CHICAGO    MUNICIPAL   CODE.  493 

FORMS. 

(Section  1481,  page  411.) 
did  then  and  there  place  (or  "keep")  on  a  certain  window-sill 
(or  "railing,"  or  "balcony,"  or  "top  of  a  porch,"  or  "projec- 
tion,") of  (or  "from")  a  certain  house  (or  "building")  a  cer- 
tain flower  pot  (or  "wooden  box,"  or  "bowl,"  or  "pitcher,"  or 
"article,"  or  whatever  it  was)  and  the  said  (whatever  it  was) 
was  not  then  and  there  securely  and  firmly  fastened  and  pro- 
tected in  such  manner  as  to  render  it  irapossibe  for  the  said 
(whatever  article  it  was)  to  fall  from  the  said  (whatever  the 
place  was)  into  a  certain  street  of  the  said  city,  then  and  there 
situated  along  side  of  the  said  house  (or  "building"),  known  as 
(here  give  name  of  street), 

OBSTRUCTING  GUTTERS,  SEWERS  AND  PIPES. 
The  penal  provisions  on  this  subject  are  found  in  section  1491, 
p.  413,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

FORMS. 

(Section  1491,  page  413.) 

did  then  and  there  stop  (or  "obstruct")  the  passage  of  water 
in  a  certain  public  street  (or  "gutter,"  or  "sewer,"  or  "cul- 
vert," or  "water  pipe,"  or  "hydrant,")  then  and  there  situated 
in  the  said  city,  to-wit:  (here  give  location), 

OFFENSIVELY  SATURATED  GROUND. 
The  penal  provisions  on  this  subject  are  found  in  section  1300, 
p.  367,  R.  M.  C.  of  1905,  Chapter  XXXII. 
(forms  omitted.) 

OFFICERS. 
The  penal  provisions  on  this  subject  are  found  in  sections 
1520  and  1524,  p.  420,  R.  M.  C.  of  1905,  Chapter  XLII. 
(forms  omitted.) 

OIL  INSPECTOR. 
The  penal  provisions  on  this  subject  are  found  in  section  1542, 
p.  425,  R.  M.  C.  of  1905,  Chapter  XLIII. 
(forms  omitted.) 


494  PRACTICE    IN    THE    MUNICIPAL    COURT. 

OPIUM  SMOKING  OR  INHALING  ROOMS. 

The  penal  provisions  on  this  subject  are  found  in  section  1473^ 
p.  409,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

FORMS. 

(Section  1473,  pacre  409.) 
did  then  and  there  within  the  city  of  Chicago  keep  (or  "main- 
tain," or  "become  an  inmate  of,"  or  "contribute  to  the  support 
of,")  a  certain  place  (or  "house,"  or  "room")  for  opium  smok- 
ing (or  "where  persons  then  and  there  assembled  for  the  pur- 
pose of  inhaling  opium,"  or  "where  persons  then  and  there  as- 
sembled for  the  purpose  of  inhaling  the  fumes  of  opium"), 

PARKS  AND  PUBLIC  GROUNDS. 
Th  penal  provisions  on  this  subject  are  found  in  section  1565, 
p.  430,  R.  M.  C.  of  1905,  Chapter  XLV. 

FORMS. 

(Section  1555,  page  429.) 
did  then  and  there  enter  (or  "leave")  a  certain  public  park  of 
the  said  city,  to- wit:  (here  insert  name)  Park,  at  a  point  (here 
describe  point  of  entrance  or  egress),  the  said  point  not  then  and 
there  being  one  of  the  gate-ways  of  said  (here  insert  name)  Park, 

(Section  1556,  page  429.) 
did  then  and  there  turn  (or  "lead")  certain  cattle  (or  "horses,'* 
or  "goats,"  or  "swine,"  or  whatever  the  animals  were)   into 
(here  insert  name)  Park,  the  said  (here  insert  name)  Park  being 
then  and  there  a  public  park  of  the  said  city, 

(Section  1557,  page  429.) 

(1.) 
did  then  and  there  carry  firearms  (or  "throw  stones,"  or  throw 
(whatever  was  thrown)  within  (here  insert  name)  Park,  the  said 
(here  insert  name)  Park  then  and  there  being  a  public  park  of 
said  city, 

(2.) 
did  then  and  there  cut  (or  "break,"  or  "injure,"  or  "deface") 
certain  trees  (or  "shrubs,"  or  "plants,"  or  "turf,"  or  "build- 


CHICAGO    MUNICIPAL   CODE.  495 

ings, "  or  ' '  fences, "  or  ' '  bridges, "  or  "  construction, "  or  "  prop- 
ety,")  within  (here  insert  name)  Park,  the  said  (here  insert 
name)  Park  then  and  there  being  a  public  park  of  the  said  city, 

(Section  1558,  page  429.) 

(1.) 
did  then  and  there  expose  a  certain  article   (or  "thing")   for 
sale  within  (here  insert  name)  Park,  the  said  (here  insert  name) 
Park  then  and  there  being  a  public  park  of  the  said  city, 

(2.) 
did  then  and  there  hawk   (or  "peddle")   certain  goods,  wares 
and  merchandise  within  (here  insert  name)  Park,  the  said  (here 
insert  name)  Park  being  then  and  there  a  public  park  of  the 
said  city, 

(Section  1559,  page  429.) 

(1.) 
did  then  and  there  utter  certain  threatening,  abusive,  insulting 
and  indecent  language  within  (here  insert  name)  Park,  the  said 
(here  insert  name)  Park  then  and  there  being  a  public  park  of 
the  said  city,  whereby  a  breach  of  peace  might  have  been  oc- 
casioned, 

(2.) 
did  then  and  there  tell  fortunes  (or  "play  a  game  of  chance,"  or 
"play  with  a  certain  table  or  instrument  of  gaming,"  or  "com- 
mit an  obscene  act,"  or  "commit  an  indecent  act")  within  (here 
insert  name)  Park,  the  said  (here  insert  name)  Park  then  and 
there  being  a  public  park  of  the  said  city, 

(Section  1561,  page  429.) 

(l.)_ 
did  then  and  there  post  and  otherwise  affix  certain  bills,  notices 
and  other  paper  upon  certain  structures  and  things  within  (here 
insert  name)  Park,  the  said  (here  insert  name)  Park  then  and 
there  being  a  public  park  of  the  said  city, 

(2.) 
did  then  and  there  post  and  otherwise  affix  certain  bills,  notices 
and  other  paper  upon  certain  of  the  gates  and  enclosures  of 
(here  insert  name)  Park,  the  said  (here  insert  name)  Park  then 
and  there  being  a  public  park  of  the  said  city, 


■IDG  pkacticp:  i.n  the  municipal  court. 

(Section  1563,  page  430.) 
did  then  and  there  light,  make  and  use  a  certain  fire  in  (here  in- 
sert name)   Park,  the  said   (here  insert  name)   Park  then  and 
there  being  a  public  park  of  the  said  city, 

(Section  1564,  page  430.) 
did  then  and  there  go  upon  the  grass,  lawn  and  turf  of  (here 
insert  name)  Park,  the  said  (here  insert  name)  Park  then  and 
there  being  a  public  park  of  the  said  city,  at  a  place  where  the 
word  "common''  was  not  posted  in  such  manner  as  to  indicate 
that  persons  were  then  and  there  at  liberay  to  go  on  the  said 
grass,  lawn  and  turf  at  said  place, 

PASSENGERS— COMFORT  AND  SAFETY  OF. 

The  penal  provisions  on  this  subject  are  found  in  an  ordinance 
passed  July  10,  1905,  set  forth  on  pages  712-713,  R.  M.  C.  of 

1905. 

(forms  omitted.) 

PAWN  BROKERS. 
The  penal  provisions  on  this  subject  are  found  in  section  1589, 
p.  434,  R.  M.  C.  of  1905,  Chapter  XLVI. 

forms. 

(Section  1574,  page  432.) 

did  then  and  there  engage  in,  cany  on  and  conduct  the  business 

of  a  pawnbroker  within  the  said  city  of  Chicago,  the  said  (here 

insert  name)  not  then  and  there  being  licensed  so  to  do, 

(Section  1577,  page  432.) 

(1.) 
was  then  and  there  a  pawnbroker  (or  " loanbrokerj "  or  "keeper 
of  a  loan  office,")  and  as  such  pawnbroker  (or  " loanbroker, "  or 
"keeper  of  a  loan  office,")  the  said  (here  insert  name  of  defend- 
ant) did  then  and  there  make  a  loan  to  one  (here  insert  name  of 
borrower)  upon  certain  goods,  articles  and  things  pawned  and 
pledged  by  the  said  (here  insert  name  of  borrower)  to  the  said 
(here  insert  name  of  defendant)  and  the  said  (here  insert  name 
of  defendant)  did  not  at  the  time  of  said  loan  fairly  write  in  ink 
in  a  book  an  accurate  account  and   description  in   the   English 


CHICAGO   MUNICIPAL  CODE.  497 

language  of  the  said  goods,  articles  and  things  so  pawned  and 
pledged,  of  the  amount  of  money  loaned  thereon,  of  the  time 
when  the  same  were  pledged,  of  the  rate  of  interest  to  be  paid  on 
said  loan,  and  of  the  name  and  residence  of  the  person  pawning 
and  pledging  the  said  goods,  articles  and  things, 

(2.) 
was  then  and  there  a  pawnbroker  (or  " loanbroker, "  or  "keeper 
of  a  loan  ofBce,")  and  did  then  and  there  erase,  obliterate  and 
deface  an  entry  made  in  a  book  kept  by  the  said  (here  insert 
name  of  defendant)  as  such  pawnbroker  (or  "loanbroker,"  or 
"keeper  of  a  loan  office,")  which  said  book  was  kept  in  pur- 
suance of  section  1577  of  the  Revised  Municipal  Code  of  Chica- 
go of  1905, 

(Section  1578,  page  433.) 
was  then  and  there  a  pawnbroker  (or  "loanbroker,"  or  "keeper 
of  a  loan  office,")  and  did  then  and  there  make  a  loan  to  (here 
insert  name  of  borrower)  upon  certain  goods,  articles  and 
things  then  and  there  pawned  and  pledged  by  the  said  (here  in- 
sert name  of  borrower)  to  the  said  (here  insert  name  of  defend- 
ant) and  the  said  (here  insert  name  of  defendant)  did  not  then 
and  there  deliver  to  the  said  (here  insert  name  of  borrower)  a 
memorandum  or  note  signed  by  the  said  (here  insert  name  of 
defendant)  containing  the  substance  of  the  entry  required  to  be 
made  in  his  book  by  section  1577,  Chapter  46,  of  the  Revised 
Municipal  Code  of  Chicago  of  1905, 

(Section  1580,  page  433.) 
was  then  and  there  a  pawnbroker  (or  "loanbroker,"  or  "keeper 
of  a  loan  office,")  and  did  then  and  there  purchase  and  buy  cer- 
tain second  hand  furniture,  metals,  clothes  and  other  articles  and 
things,  to-wit:  (here  describe  articles  bought)  that  had  thereto- 
fore been  offered  to  him  the  said  (here  insert  name  of  defend- 
ant) as  a  pawn  or  pledge,  by  one  (here  insert  name  of  person  by 
whom  property  had  been  so  offered) 

(Section  1581,  page  433.) 
was  a  person  then  and  there  licensed  in  accordance  with  the 
provisions  of  section  1574  of  the  Revised  Municipal  Code  of  Chi- 
cago of  1905,  to  carry  on  the  business  of  pawnbroker  (or  "loan- 
32 


498  PRACTICE    IN    THE    MUNICIPAL    COURT, 

broker,"  or  ''keeper  of  a  loan  office,")  and  the  said  (here  insert 

name  of  defendant)  did  not  on  said day  of 

19 ... .   make  out  and  deliver  to  the  superintendent  of 

police  of  the  city  of  Chicago,  before  the  hour  of  twelve  o'clock 
noon,  a  legible  and  correct  copy  from  the  book  required  in  sec- 
tion 1577,  of  the  Revised  Municipal  Code  of  Chicago  of  1905,  of 
all  personal  property  and  other  valuable  things  received  on  de- 
posit by  the  said  (here  insert  name  of  defendant)  during  the 
preceding  day,  setting  forth  the  hour  when  received,  and  the  de- 
scription of  the  person  by  whom  left  in  pledge, 

(Section  1584,  page  433.) 
was  a  person  than  and  there  licensed  as  a  pawnbroker  (or  "loan- 
broker,"  or  "keeper  of  a  loan  office,")  in  accordance  with  the 
provisions  of  section  1574  of  the  Revised  Municipal  Code  of  Chi- 
cago of  1905,  and  did  then  and  there  take  and  receive  in  pawn 
and  pledge  for  money  loaned  certain  property,  bonds,  notes,  se- 
curities, articles,  and  other  valuable  things,  to-wit:  (here  de- 
scribe property)  from  one  (here  insert  name  of  minor)  the  said 
(here  insert  name  of  minor)  then  and  there  being  a  minor  (or 
"the  ownership  of  which  said  property,  bonds,  notes,  securities, 
articles  and  other  valuable  things  was  in  one  (here  insert  name 
of  minor)  a  minor,"  or  "the  ownership  of  which  .said  property, 
bonds,  notes,  securities,  articles  and  other  valuable  things  was 
then  and  there  claimed  by  one  (here  insert  name  of  minor)  a 
minor, "  or  "  the  possession  of  which  said  property,  bonds,  notes, 
securities,  articles  and  other  valuable  things  was  then  and  there 
in  one  (here  insert  name  of  minor)  a  minor,"  or  "the  control  of 
which  said  property,  bonds,  notes,  securities,  articles  and  other 
valuable  things  was  then  and  there  under  one  (here  insert  name 
of  minor)  a  minor"), 

(Section  1585,  page  434.) 

was  then  and  there  a  pawnbroker  (or  " loankeeper, "  or  "keeper 
of  a  loan  office,")  licensed  in  accordance  with  the  provisions  of 
section  1574  of  the  Revised  Municipal  Code  of  Chicago  of  1905, 
and  did  then  and  there  carrj^  on  another  business  and  vocation, 
to-wit:  the  business  and  vocation  of  (here  specify  what  it  was) 
in  the  same  building  and  in  a  certain  other  building  adjoining 
the  place  and  building  in  which  he.  the  .said  (hero  insert  name  of 


CHICAGO   MUNICIPAL  CODE.  499 

defendant)   was  so  licensed  to  carry  on  the  business  of  pawn- 
broker (or  " loanbroker, "  or  ''keeper  of  a  loan  office"), 

(Section  1586,  page  434.) 
was  then  and  there  a  pawnbroker  (or  "loanbroker,"  or  "keeper 
of  a  loan  office")  licensed  in  accordance  with  the  provisions  of 
section  1574  of  the  Revjsed  Municipal  Code  of  Chicago  of  1905, 
and  did  then  and  there  permit  a  certain  person  under  the  age  of 
sixteen  years,  to-wit,  one  (here  insert  name)  to  take  pledges  in 
pawn  for  him  the  said  (here  insert  name  of  defendant), 

(Section  1587,  page  434.) 
was  then  and  there  a  pawnbroker  (or  "loanbroker,"  or  "keeper 
of  a  loan  office,")  licensed  in  accordance  with  the  provisions  of 
section  1574  of  the  Revised  Municipal  Code  of  Chicago  of  1905, 
and  did  then  and  there  take  certain  articles  in  pawn  from  a  cer- 
tain person  then  and  there  appearing  to  be  intoxicated  (or 
"from  a  certain  person  then  and  there  known  to  be  a  thief,"  or 
"from  a  certain  person  then  and  there  known  to  have  been  con- 
victed of  larceny,"  or  "from  a  certain  pei^on  then  and  there 
known  to  have  been  convicted  of  burglary")  to-wit,  one  (here 
insert  name  of  person), 

PEDDLERS. 
The  penal  provisions  on  this  subject  are  found  in  section  1590, 
p.  435,  and  section  1603,    p.  439,  R.  M.  C.  of    1905,    Chapter 
XLVII. 

FORMS. 

(Section  1590,  page  435.) 
did  then  and  there  sell,  and  offer  for  sale,  barter  and  exchange, 
at  retail,  certain  goods,  wares,  merchandise,  fruits,  vegetables  and 
country  produce,  traveling  from  place  to  place  on,  along  and 
upon  the  streets  of  said  city,  and  did  then  and  there  sell  aud  de- 
liver from  a  wagon  (or  "from  a  push  cart,"  or  from  such  other 
vehicle  as  was  used)  going  from  place  to  place  in  said  city  sell- 
ing aud  delivering  goods,  wares,  merchandise,  fruits,  vegetables 
and  country  produce,  and  the  said  (here  insert  name  of  defend- 
ant) did  not,  before  engaging  in  such  business,  obtain  a  license 
as  a  peddler,  in  accordance  with  the  provisions  of  Chapter 
XLVII  of  the  Revised  Municipal  Code  of  Chicago  of  1905, 


500  PRACTICE    IN    THE    MUNICIPAL    COURT. 

(Section  1603,  page  439.) 
was  then  and  there  a  peddler  licensed  in  accordance  with  the 
provisions  of  section  1591  of  the  Revised  Municipal  Code  of  Chi- 
cago of  1905,  and  the  said  (here  insert  name  of  defendant)  did 
then  and  there  violate  certain  of  the  provisions  of  section  1603 
of  the  Revised  Municipal  Code  of  Chicago  of  1905,  which  said 
provisions  of  said  figures  following,  to- wit:  (here  insert  section 
1591), 

PLUMBERS  AND  PLUMBING. 
The  penal  provisions  on  this  subject  are  found  in  section  1610, 
p.  441  and  section  1730,  p.  463,  R.  M.    C.    of    1905,    Chapter 

XLVIII. 

(forms  omitted.) 

POISONOUS  MEDICINES  OR  DECOCTIONS. 
The  penal  provisions  on  this  subject  are  found  in  section  1468, 
p.  407,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

FORMS. 

(Section  1468,  page  407.) 

(1.) 
did  then  and  there  hold  for  sale  (or  "sell")  for  an  unlawful 
purpose  and  with  improper  motives  a  certain  poisonous  medicine 
(or  "poisonous  decoction,"  or  "poisonous  substance"),  to-wit: 
(here  give  name  of  medicine  or  other  description  of  decoction  or 
substance), 

(2.) 
was  then  and  there  a  pei'son  not  competent  to  give  proper  direc- 
tions and  precautions  as  to  the  use  of  (here  insert  name  of  medi- 
cine &c.,)  which  was  then  and  there  a  poisonous  medicine  (or 
"poisonous  decoction,"  or  "poisonous  substance")  and  he,  the 
said  (here  insert  name  of  defendant)  did  then  and  there  hold 
for  sale  (or  "sell")  certain  (here  insert  n^me  of  medicine, 
etc.)  which  was  then  and  there  poisonous  medicine  (or  "poison- 
ous decoction,"  or  "poisonous  substance"), 

(3.) 
did  then  and  there  deliver  a  certain  bottle  (or  "box,"  or  par- 
cel," or  "receptacle")   then  and  there  containing   (here  state 
what  is  contained)  which  was  then  and  there  poisonous  medicine 


CHICAGO    MUNICIPAL   CODE.  501 

(or  ''poisonous  decoction,"  or  "poisonous  substance")  the  said 
bottle  (or  "box,"  or  "parcel,"  or  "receptacle")  not  then  and 
there  being  plainly  marked  on  the  outside  ' '  poison, ' ' 

(4.) 
did  then  and  there  deliver  a  certain  bottle  (or  "box,"  or  "par- 
cel," or  "receptacle")  then  and  there  containing  (here  state 
what  it  contained)  which  was  then  and  there  a  poisonous  medi- 
cine (or  "poisonous  decoction,"  or  "poisonous  substance,")  to 
one  (here  insert  name)  and  the  said  (here  insert  name  of  de- 
fendant) at  the  time  he  delivered  said  bottle  (or  "box,"  or 
"parcel,"  or  "receptacle")  to  the  said  (here  insert  name  of  per- 
son to  whom  delivered)  had  reason  to  think  that  the  said  (here 
insert  name  of  person  to  whom  delivered)  intended  the  said 
(here  insert  name  of  medicine,  etc.,)  for  an  illegal  use  (or  "im- 
proper purpose"), 

PORCHES  AND  STEPS. 

The  penal  provisions  on  this  subject  are  found  in  section  2080, 
p.  556,  R.  M.  C.  of  1905,  Chapter  LIX. 

(forms  omitted.) 

POLICE. 
The  penal  provisions  on  this  subject  are  found  in  section  1766, 
p.  470,  and  sections  1770-1776,  pp.  471-2,  R.  M.  C.  of  1905,  Chap- 
ter XLIX. 

forms. 
(Section  1766,  page  470.) 
was  then  and  there  a  member  of  the  police  force  of  the  said  city 
of  Chicago;  and  while  then  and  there  in  the  discharge  of  his 
official  duties  was  guilty  of  fraud  (or  "extortion,"  or  "oppres- 
sion," or  "favoritism,"  or  "wilful  wrong,"  or  "injustice,")  in 
this,  that  (here  state  what  the  fraud,  &c.  consisted  in), 

(Section  1770,  page  471.) 

(1.) 
did  then  and  there  falsely  assume  and  pretend  to  be  a  policeman 
of  the  city  of  Chicago, 


502  PRACl'ICE   IN    THE   MUNICIPAL   COURT. 

(2.)     . 
did  then  and  there  falsely  assume  and  pretend  to  be  a  member 
of  the  department  of  police  of  the  said  city  of  Chicago, 

(3.) 
did  then  and  there,  without  being-  a  member  of  the  department 
of  police  of  the  said  city  of  Chicago,  wear  in  public  the  uniform 
adopted  as  the  police  uniform, 

(4.) 
did  then  and  there,  without  being  a  member  of  the  department 
of  police  of  the  said  city  of  Chicago  wear  (or  "use")  the  badge 
(or  ''star")  then  and  there  used  by  the  department  of  police  of 
the  said  city, 

(5.) 
did  then  and  there,  without  being  a  member  of  the  department 
of  police  of  the  said  city  of  Chicago  wear  (or  "use")  a  badge 
(or  "star")  similar  in  appearance  to  the  badge  (or  "star")  then 
and  there  used  by  the  department  of  police  of  the  said  city  of 
Chicago, 

(Section  1771,  page  471.) 
did  then  and  there  counterfeit  (or  "imitate,"  or  "cause  to  be 
counterfeited, "  or  "  cause  to  be  imitated, "  or  "  use, "  or  "  wear ' ' ) 
a  badge  (or  "sign,"  or  "signal,"  or  "device,")  theretofore 
adopted  and  then  and  there  used  by  the  department  of  police 
of  the  said  city  of  Chicago,  without  authority  so  to  do  from  the 
general  superintendent  of  police  of  the  said  city  of  Chicago, 

(Section  1772,  page  471.) 

(1.) 
did  then  and  there  resist  a  member  of  the  police  force  of  the  said 
city  of  Chicago  in  the  discharge  of  his  dutj", 

(2.) 
did  then  and  there  interfere  with  (or  "hinder,"  or  "prevent." 
or  "offer  to  interfere  with,"  or  "offer  to  hinder,"  or  "offer  to 
prevent,"  or  "endeavor  to  interfere  with,"  or  "endeavor  to 
hinder,"  or  "endeavor  to  prevent,")  a  member  of  the  police 
force  of  the  said  city  of  Chicago  from  disciiarging  his  duty  as  a 
member, 


CHICAGO   MUNICIPAL   CODE.  503 

(3.) 
did  then  and  there  assist  a  person,  to-wit:  one  (here  insert  name 
of  person)   in  ciLstody  of  a  member  of  the  police  force  of  the 
said  city  of  Chicago  to  escape  (or  "attempt  to  escape")  from 
such  custody, 

(4.) 
did  then  and  there  attempt  to  rescue  a  person,  to-wit:  one  (here 
insert  name  of  person)  then  and  there  in  custody, 

(Section  1773.  page  472.) 

Avas  then  and  there  a  hackman  (or  "cabman,"  or  "omnibus 
driver, "  or  "  drayman, "  or  "  porter, "  or  "  runner, "  or  "  certain 
person")  then  and  there  at  (or  "about")  a  railroad  depot  (or 
"railroad  station,"  or  "steamboat  landing,"  or  "canal  boat 
landing,"  or  "public  place")  in  the  said  city,  and  the  said  (here 
insert  name  of  defendant)  did  then  and  there  refuse  to  obey  the 
commands  and  directions  of  a  police  oiBcer  of  the  said  city  of 
Chicago  then  and  there  stationed  (or  "doing  duty")  on  or  about 
such  depot  (or  "station,"  or  "landing,"  or  "public  place"),  for 
the  preservation  of  order  and  enforcing  the  ordinances, 


POUNDS  AND  POUNDMASTERS. 

The  penal  provisions  on  this  subject  are  found  in  sections 
1827-28,  p.  485  and  sections  1829  and  1831,  p.  486,  R.  M.  C.  of 
1905,  Chapter  LI. 

(forms  omitted.) 


PRIVATE  SCAVENGERS. 

The  penal  provisions  on  this  subject  are  found  in  section  1197, 
p.  340,  R.  M.  C.  of  1905,  Chapter  XXXII. 

(forms  omitted.) 

PRIVY,  VAULT,  SINK  AND  CESS-POOL. 

The  penal  provisions  on  this  subject  are  found  in  sections 
1289.  1290  and  1292,  p.  365,  R.  M.  C.  of  1905,  Chapter  XXXII. 


504  PRACTICE    IN    THE    MUNICIPAL    COURT. 

FORMS. 

(Section  1289,  page  365.) 

(1.) 
did  then  and  there  maintain  a  certain  privy  vault  upon  premises 
known  as  (here  describe  premises)  which  said  premises  then  and 
there  abutted  upon  (or  "adjoined")  a  certain  street  (or  "alley," 
or  "court,"  or  "public  place")  known  as  (here  give  description 
of  street,  &c.,)  in  which  was  then  and  there  located  a  public 
sewer, 

(2.) 
did  then  and  there  suffer  a  certain  privy  vault  to  be  and  remain 
upon  certain  premises  known  as  (here  describe  premises)  which 
said  premises  then  and  there  abutted  upon  (or  "adjoined")  a 
certain  street  (or  "alley,"  or  "court,"  or  "public  place,") 
known  as  (here  give  description  of  street,  &c.,)  in  which  was 
then  and  there  located  a  puTalic  sewer, 

(Section  1290,  page  365.) 

(1.) 
did  then  and  there  erect  (or  "maintain")  a  certain  privy  as 
near  as  forty  feet  to  a  certain  street  (or  "dwelling,"  or  "shop," 
or  "school,"  or  "factory,"  or  "church,"  or  "public  hall") 
then  and  there  known  as without  furnish- 
ing the  said  privy  with  a  substantial  vault  at  least  six  feet  deep 
and  made  tight  so  that  the  contents  thereof  could  not  escape 
therefrom,  and  sufficiently  secured  and  enclosed, 

(2.) 
did  then  and  there  erect  (or  "maintain")  a  certain  privy  with- 
in 100  feet  of  a  certain  well  located  at ,  in  said 

city,  without  furaishing  the  said  priv}^  with  a  substantial  vault 
at  least  six  feet  deep  and  made  tight  so  that  the  contents  there- 
of could  not  escape  therefrom  and  sufficiently  secured  and  en- 
closed, 

(3.) 
did  then  and  there  refuse  to  obey  (or  "neglect  to  obey")  a  cer- 
tain rule  (or  "order"),  or  ("sanitary  regulation")  of  the  de- 
partment of  health  of  the  city  of  Chicago,  which  said  rule  (or 
"order,"  or  "sanitary  regulation")  was  then  and  there  in  the 
words  and  figuros  following,  tn-Avit :   (here  insert). 


CHICAGO    MUNICIPAL   CODE.  505 

(4.) 
did  then  and  there  omit  to  comply  with  (or  "neglect  to  comply 
with,"  or  "refuse  to  comply  with")  a  certain  rule  (or  "order," 
or  "sanitary  regulation")  of  the  department  of  health  of  the 
city  of  Chicago,  which  said  rule  (or  "order,"  or  "sanitary  reg- 
ulation") was  then  and  there  in  the  words  and  figures  following, 
to- wit:  (here  insert.) 

PROHIBITED    ADVERTISEMENTS     IN    NEWSPAPERS. 

The  penal  provisions  on  this  subject  are  found  in  section  1463, 
p.  406,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

FORMS. 

(Section  1463,  page  406.) 
did  then  and  there  advertise  (or  "print,"  or  "publish,"  or 
"cause  to  be  advertised,"  or  "cause  to  be  published,"  or  "cause 
to  be  printed,")  in  a  newspaper  (or  whatever  the  publication 
was)  called  (here  give  name  of  newspaper  or  other  publication) 
having  a  general  circulation  in  said  city  ( or  "  which  was  sold  or 
offered  for  sale  in  said  city")  an  advertisement  (or  "notice,"  or 
whatever  it  was)  of  the  character  described  in  section  1463  of 
the  Revised  Municipal  Code  of  Chicago  of  1905, 

PUBLIC  CARTS,  EXPRESS  WAGONS,  FURNITURE  VANS, 
TRUCKS,  DRAYS,  ETC. 
The  penal  provisions  on  this  subject  are  found  in  sections 
2332,  p.  626,  2334,  p.  627,  and  2346,  p.  630,  R.  M.  C.  of  1905, 
Chapter  LXIX, 

(forms  OMITTED.) 

RAILWAYS— MISCELLANEOUS. 

The  penal  provisions  on  this  subject  are  found  in  sections 
1997-2003,  pp.  530-532,  R.  M.  C.  of  1905,  Chapter  LIII. 

(forms  OMITTED.) 

RANDOLPH  STREET  MARKET. 
The  penal  provisions  on  this  subject  are  found  in  section  1393, 
p.  391,  R.  M.  C.  of  1905,  Chapter  XXXVIII. 
(forms  omitted.) 


506  PRACTICE    IN    THE    MUNICIPAL    COURT. 

KOOFIXC. 
The  penal  provisions  on  this  snbjeel  are  found  in  section  2014, 
p.  r)35,  R.  M.  C.  of  1905,  Chapter  LIV. 
(forms  omitted.) 

RUNNERS. 
The  penal  provisions  on  this  subject  are  found  in  section  2025,. 
p.  539,  R.  M.  C.  of  1905,  Chapter  LV. 
(forms  omitted.) 

SAIL  BOATSi,— LICENSING  OF. 

The  ordinance  on  this  subject  was  passed  Feb.  5,  1905,  and 

is  found  in  the  printed  council  proceedings  of  that  date  on  p. 

2604.     Its  penal  provisions  are  contained  in  section  7  on  p.  2604. 

(forms  omitted.) 

SALOONS  AND  DRAM  SHOPS. 

The  penal  provisions  on  this  subject  are  found  in  sections 

1341-1344,  pp.  378-379  and  sections  1346-1352,  pp.  379-382,  R. 

M.  C.  of  1905,  Chapter  XXXVI.     For  forms  see  title  "Liquor," 

ante. 

SCAVENGERS. 

The  penal  provisions  on  this  subject  are  found  in  an  ordinance 

passed  March  27.  1905,  set  forth  on  pajres  703-705,  R.  M.  C.  of 

1905. 

(forms  omitted.) 

SECOND  HAND  DEALERS  AND  KEEPERS  OF  JUNK 

SHOPS. 

The   penal  provisions  under  this  head  are  found  in  sections 

2029  and  2030,  p.  541,  section  2034,  p.  542,  section  2040,  p.  543, 

section  2046,  p.  544,  sections  2049-2052,  pp.  544-545,  and  section 

2055.  p.  545.  R.  M.  C.  of  1905,  Chapter  LVII. 

(forms  omitted.) 

SELLING  STREET  CAR  TRANSFERS. 
The  penal   provisions  on   this  subject   are  found   in   section 
1500a,  p.  416,  R.  M.  C.  of  1905,  Chapter  XXXIX. 
(forms  omitted.) 


CHICAGO    MUNICIPAL   CODE.  5U7 

SEWER  CONNECTIONS. 
The  penal  provisions  on  this  subject  are  found  in  section  1930, 
p.  513,  R.  M.  C.  of  1905,  Chapter  LII. 
(forms  omitted.) 

SHOOTING  GALLERIES,  RIFLE  RANGES  AND  GUN 

CLUBS. 
The  penal  provisions  on  this  subject  are  found  in  section  2060, 
p.  547,  R.  M.  C.  of  1905,  Chapter  LVIII. 
(forms  omitted.) 

SIDEWALKS— CONSTRUCTION    OF. 
The  penal  provisions  on  this  subject  are  found  in  section  2079, 
p.  556,  R.  M.  C.  of  1905,  Chapter  LIX. 
(forms  omitted.) 

SIDEWALKS— DUMPING  CLAY  ON. 
The  ordinance  on  this  subject  was  passed  Feb.  5,  1906,  and  is 
found  in  the  printed  council  proceedings  of  that  date  on  p.  2504. 
Its  penal  provisions  are  contained  in  section  2  on  p.  2504. 
(forms  omitted.) 

SIDEWALKS— FORBIDDEN  USES  OF. 
The  penal  provisions  on  this  subject  are  found  in  sections 
2085-2091,  pp.  557-558,  R.  M.  C.  of  1905,  Chapter  LIX. 
(forms  omitted.) 

SIDEWALKS— GRADE  OF. 

The  ordinance  on  this  subject  is  an  amendment  of  section  2073 
of  the  Revised  Municipal  Code  of  Chicago  of  1905,  and  was 
passed  Feb.  14,  1906,  and  is  found  in  the  printed  council  pro- 
ceedings of  that  date  on  p.  2660.  Its  penal  provisions  are  con- 
tained in  section  1  on  p.  2660. 

(forms  omitted.) 

SIDEWALKS— OPENINGS  IN. 

The  penal  provisions  on  this  subject  are  found  in  an  ordinance 
passed  May  22,  1905,  set  forth  on  page  705,  R.  M.  C.  of  1905. 
(forms  omitted.) 


508  PRACTICE    IN    THE    MUNICIPAL    COURT. 

SIDEWALKS— SPACE   BENEATH. 
The  penal  provisions  on  this  subject  are  found  in  section  2103, 
p.  561,  and  section  2107,  p.  562,  R.  M.  C.  of  1905,  Chapter  LIX. 
(forms  omitted.) 

SIDEWALKS— STORAGE  ON. 
The  penal  provisions  on  this  subject  are  found  in  sections 
2081-2083,  pp.  556-557,  R.  M.  C.  of  1905,  Chapter  LIX. 
(forms  omitted.) 

SIGNS. 
The  penal  provisions  on  this  subject  are  found  in  section  2180, 
p.  578,  and  section  2186,  p.  580,  R.  M.  C.  of  1905,  Chapter  LXI. 

(forms  omitted.) 

SIGNS— ILLU.AIIXATED  ON  ELEVATED  PLATFORMS. 
The  ordinance  on  this  subject  was  passed  June  12,  1905,  and 
is  found  in  the  ])rinted  council  proceedings  of  that  date  on  p. 
554.     Its  penal  provisions  are  contained  in  section  3  on  p.  554. 

(forms  omitted.) 

SLAUGHTERING  AND  RENDERING. 
The  penal  provisions  on  this  subject  are  found  in  section  1218, 
p.  348,  R.  M.  C.  of  1905,  Chapter  XXXII. 
(forms  omitted.) 

SLEEPING  ROOMS  IN  BAKERY,    PACKING-HOUSE    OR 
FOOD  STORE. 

The  penal  pi'ovisious  on  this  subject  are  found  in  section  1304, 
p.  368,  R.  M.  C.  of  1905,  Chapter  XXXII. 
(forms  omitted.) 

SMOKE. 

The  penal  provisions  on  this  subject  are  found  in  section  2213 

(as  amended  by  ordinance  of  January  2,  1906,  Council  Proceed- 

inc,T?,  p.  1990),  pp.  589-590,  section  2215,  p.  591,  section  2224, 

p.  595,  and  section  2230,  p.  597,  R.  M.  C.  of  1905,  Chapter 

LXTV. 

(forms  omitted.) 


CHICAGO   MUNICIPAL  CODE.  509 

SOAP  FACTORIES. 
The  penal  provisions  on  this  subject  are  found  in  section 
2190,  p.  581,  R.  M.  C.  of  1905,  Chapter  LXII. 

(forms  omitted.) 

SPIKES  IN  RAILINGS  AND  FENCES. 

The  penal  provisions  on  this  subject  are  found  in  section 
1445,  p.  401,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

(forms  omitted.) 

SPILLING  OIL  ON  ASPHALT  PAVEMENT. 

The  penal  provisions  on  this  subject  are  found  in  section 
1500,  pp.  415-416,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

(forms  omitted.)  \ 

SPITTING  ON  SIDEWALKS,  &C. 
The  penal  provisions  on  this  subject  are  found  in  section 
1493,  p.  414,  R.  M.  C.  of  1905,  Chapter  XXXIX,  as  amended 
by  the  ordinance  of  February  26,  1906,  and  found  on  pp.  2772- 
2773  of  printed  council  proceedings  of  that  date. 

forms. 
(Section  1493,  page  414.) 

(1.) 
did  then  and  there  spit  upon  the  floor  of  a  certain  street  car, 
the  same  being  a  public  conveyance  (or  "theater,"  or  "hall," 
or  "assembly  room,"  or  "public  building"),  to  wit  (here  de- 
scribe location  of  car,  theater,  hall,  assembly  room  or  public 
building), 

(2.) 
did  then  and  there  spit  upon  a  public  sidewalk  on  (here  insert 
name  of  street),  near  (here  insert  name  of  street  it  was  near), 
in  said  city, 

SPRINKLING  LAWNS. 

The  ordinance  on  this  subject  is  an  amendment  of  section 
2408  of  the  Revised  Municipal  Code  of  Chicago  of  1905,  and 
was  passed  June  5,  1906,  and  is  found  in  the  printed  council 


510  PRACTICE    IN    THE    MUNICIPAI.    COURT. 

proceedings  of  that  date  on  p.  645.     Its  penal   pi-ovisious  are 
contained  in  section  1  on  p.  G45. 

(forms  OMITTED.) 

STALLS  WHERE  MEAT,  FISH  OR  VEGETABLES  ARE 
SOLD— CLEANLINESS  OF. 
The  penal   provisions  on  this  subject  are  found   in  section 
1168,  p.  334,  R.  M.  C.  of  1905,  Chapter  XXXTI. 

FORMS. 

(Section  1168,  page  334.) 
was  then  and  there  the  owner  (or  "lessee,"  or  "occupant"), 
of  a  certain  room  (or  "stall,"  or  "place")  where  certain  meat 
(or  "fish,"  or  "vegetables")  designed  (or  "held"),  for  human 
food  was  then  and  there  stored  (or  "kept,"  or  "held  for  sale," 
or  "offered  for  sale"),  and  did  then  and  there  fail  and  neglect 
to  keep  said  room  (or  "stall,"  or  "place"),  and  its  appur- 
tenances in  a  clean  and  wholesome  condition, 

STATIONARY  ENGINEERS. 
The  penal  provisions  on  this  subject  are  found  in  section 
2199,  pp.  583-584,  R.  M.  C.  of  1905,  Chapter  LXIII. 

(forms  OMITTED.) 

STEAM  BOILERS  AND  STEAM  PLANTS. 
The  penal  provisions  on  this  subject  are  found  in  section 
2213,  pp.  589-590,  section  2215,  p.  591,  section  2224,  p.  595, 
and  section  2230,  p.  597,  R.  M.  C.  of  1905,  Chapter  LXIV. 

(forms  OMITTED.) 

STEAM  RAILWAYS. 
The  penal  provisions  on  this  subject  are  found  in  sections 
1978-1993,  pp.  526-529,  R.  M.  C.  of  1905,  Chapter  LIII. 

(forms  OMITTED.) 

STEAM  WHISTLES. 
The  penal  provisions  on  this  subject  are  found  in  section 
2235,  p.  598,  R.  M.  C.  of  1905,  Chapter  LXV. 

(forms  OMITTED.) 


CHICAGO   MUNICIPAL   CODE.  511 

STREET  CARS— SPEED  OF  NEAR  SCHOOL  HOUSES. 
The  ordinance  on  this  subject  was  passed  Feb.  26,  1906,  and 
is  found  in  the  printed  council  proceedings  of  that  date  on  pp. 
2701-2702.     Its  penal  provisions  are  contained  in  section  2  on 
p.  2702. 

(forms  omitted.) 

STREET  RAILWAYS. 
The  penal  provisions  on  this  subject  are  found  in  section 
1942,  p.  517,  sections  1948-1951,  pp.  519-520,  section  1953,  p. 
520,  section  1955,  pp.  520-521,  and  section  1957-1977,  pp.  521- 
526,  R.  M.  C.  of  1905,  Chapter  LIII. 

(forms  omitted.) 

STREETS  AND  ALLEYS  AND  PLACES  UNDER  SIDE- 
WALKS—USE OF  BY  PRIVATE  PERSONS. 
The  ordinance  on  this  subject  was  passed  Feb.  5,  1906,  and 
is  found  in  the  printed  council  proceedings  of  that  date  on  pp. 
2620-2623.  Its  penal  provisions  are  contained  in  section  10  on 
p.  2623. 

(forms  omitted.) 

STREETS— MISCELLANEOUS  PROVISIONS. 
The  penal  provisions  on  this  subject  are  found  in  sections 
2122,  2126  and  2127,  p.  566,  section  2129,  p.  567,  sections  2131, 
2132,  2134-2138,  pp.  568-569,  section  2147,  p.  571,  section  2152, 
pp.  571-572,  and  section  2156,  p.  572,  R.  M.  C.  of  1905,  Chapter 
LX. 

(forms  omitted.) 

STREETS— REMOVING  SOD  OR  EARTH  FROM. 
The  penal  provisions  on  this  subject  are  found  in  section 
1495,  p.  414,  R.  M.  C.  of  1905,  Chapter  XXXIX. 
(forms  omitted.) 

SIDEWALKS  AND  OTHER  PUBLIC  PLACES— THROW- 
ING GLASS  BOTTLES  AND  OTHER  ARTICLES  ON. 
The  ordinance  on  this  subject  was  passed  May  28,  1906,  and 

is  found  in  the  printed  council  proceedings  of  that  date  on  p. 

514.     Its  penal  provisions  are  contained  in  section  2  on  p.  514. 
(forms  omitted.) 


512  PRACTICE    IN    THE    MUNICIPAL    COURT. 

TANNERIES. 
The  penal  provisions  on  this  subject  are  found  in  section 
2248,  p.  602,  R.  M.  C.  of  1905,  Chapter  LXVII. 
(forms  omitted.) 

TENEMENT  AND  LODGING  HOUSES. 
The  penal  provisions  on  this  subject  are  found  in  section 
1235,  p.  352,  R.  M.  C.  of  1905,  Chapter  XXXII. 
(forms  omitted.) 

THEATER  HATS. 
The  penal  provisions  on  this  subject  are  found  in  sections 
1414  and  1415,  p.  396,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

forms. 
(Section  1414,  page  396.) 
did  then  and  there  wear  a  certain  hat  (or  "bonnet")  within 
(here  insert  name  of  theater)   theater,  which  said  theater  was 
then  and  there  a  licensed  theater,  in  said  city,  during  the  time 
that  a  performance  was  then  and  there  taking  place, 

THINGS  DETRIMENTAL  TO  HEALTH. 
The  penal  provisions  on  this  subject  are  contained  in  section 
1303,  p.  368,  R.  M.  C.  of  1905,  Chapter  XXXII. 

(forms  omitted.) 

THROWING  MISSILES. 
The  penal  provisions  on  this  subject  are  found  in  section 
1497,  p.  415,  R.  M.  C.  of  1905,  Chapter  XXXIX. 
(forms  omitted.) 

TICKERS. 
The  penal  provisions  on  this  subject  are  found  in  section 
2258,  p.  605,  R.  M.  C.  of  1905,  Chapter  LXVIII. 
(forms  omitted.) 

TIRES  ON  VEHICLES. 
The  penal  provisions  on  this  subject  are  found  in  sections 
2113,  p.  564,  R.  M.  C.  of  1905,  Chapter  LX. 
(forms  omitted.) 


CHICAGO   MUNICIPAL  CODE.  513 

TREES,  SHRUBS  AND  GRASS  PLATS. 
The  penal  provisions  on  this  subject  are  found  in  sections 
1432  and  1433,  pp.  339-400,  R.  M.  C.  of  1905,  Chapter  XXXIX. 
(forms  omitted.) 

TUNNELS. 
The  penal  provisions  on  this  subject  are  found  in  section 
1431,  p.  399,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

FORMS. 

(Section  1428,  page  398.) 

(1.) 
did  then  and  there  lead    (or  "drive")   into  a  certain  tunnel 

located  on street  in  said  city  a  certain  cart  (or 

whatever  the  vehicle  was)    then  and  there  loaded  with  loose 

hay  (or  "with  loose  straw,"  or  "with ,  then  and 

there  a  bulky  material,"  or   " with . . . ijjt^^ ,  then  and 

there  a  combustible  material"), 

(2.) 
did  then  and  there  lead   (or  "drive")    into  a  certain  tunnel 

ilocated  on street  in  said  city  a  certain  vehicle, 

:the  dimensions  of  which,  including  its  load,  then  and  there  ex- 
)ceeded  eight  feet  in  width, 

(Section  1428,  page  398.) 
did  then  and  there  ride    (or  "lead,"  or  "drive")    a  certain 
;horse   (or  whatever  the  animal  was,  or  "vehicle")   through  a 

icertain  tunnel  in  said  city  to  wit :  a  tunnel  on 

street,  at  a  greater  speed  than  four  miles  an  hour, 

(Section  1429,  page  399.) 
did  then  and  there  drive    (or  "assist  in  driving")    into    (or 

-*' through")    a  certain  tunnel  located  on street 

in  said  city  (or  "the approach  of  a  certain 

tunnel  located  on  street  in  said  city")  a  certain  horse  (or  "cer- 
tain cattle"  or  whatever  the  animal  was), 

TUNNELS— SAFETY  OF  PERSONS  WORKING  IN. 

The  ordinance  on  this  subject  Avas  passed  March  30,  1906, 
and  is  found  in  the  printed  council  proceedings  of  that  date  on 
33 


514  PRACTICE    IN    THE    MUNICIPAL    COURT. 

pp.  3312-3313.     Its  penal  provisions  are  contained  in  section  7 
on  p.  3313. 

(forms  omitted.) 

UNDERTAKERS. 

The  penal  provisions  on  this  subject  are  foiuad  in  section 
1248,  p.  356,  and  section  1251,  p.  357,  R.  M.  C.  of  1905,  Chapter 
XXXII. 

(forms  omitted.) 

UNHEALTHFUL  BUSINESS. 
The  penal  provisions  on  this  subject  are  found  in  section 
1305,  p.  368,  R.  M.  C.  of  1905,  Chapter  XXXII. 
(forms  omitted.) 

UNLAWFUL  USE  OF  PREMISES. 
The  penal  provisions  on  this  subject  are   found  in  section 
1301,  p.  367,  R.  M.  C.  of  1905,  Chapter  XXXII. 
(forms  omitted.) 

UNWHOLESOME  AND  ADULTERATED  FOOD,  DRUGS, 

WATER,  &C. 

The  penal  provisions  on  this  subject  are  found  in  section 
1160,  p.  333,  and  sections  1164-1171,  pp.  333-335,  R.  M.  C.  of 
1905,  Chapter  XXXII. 

(forms.) 
(Section  1160,  page  333.) 

(1.) 

was  then  and  there  the  agent  (or  "employe")  of  one , 

(or  "the  agent  of  one .  .then  and  there  a  corpora- 
tion, "  or  "an  employe  of  one then  and  there  a 

corporation,")  and  did  then  and  there  keep  for  sale  (or  "offer 
for  sale,"  or  "offer  for  exchange,"  or  "sell,"  or  "deliver,"  or 

"expose  for  sale,")  a  certain  drug,  to  wit: , 

which  said  drug  did  not  then  and  there  conform  to  the  rules 
and  standards  of  the  United  States  Pharmacopoeia, 

(2.) 
did  then  and  there  keep  for  sale  (or  "offer  for  sale,"  or  "offer 
for  exchange,"  or  "sell,"  or  "deliver,"  or  "expose  for  sale,")j 


CHICAGO    MUNICIPAL   CODE,  515 

certain  water  (or  "liquids,"  or  "food")  which  was  then  and 
there  impure  (or  "unwholesome,"  or  "adulterated"), 

(3.) 

was  then  and  there  the  agent  (or  "employe")  of  one 

(or  "agent  of  one then  and  there  a  corpora- 
tion, "  or  "an  employe  of  one then  and  there  a 

corporation"),  and  did  then  and  there  keep  for  sale  (or  "offer 
for  sale,"  or  "offer  for  exchange,"  or  "sell,"  or  "deliver,"  or 
"expose  for  sale,")  certain  water  (or  "liquids,"  or  "food,") 
to  which  a  certain  harmful  (or  "injurious")  foreign  substance 
to  wit  (here  specify  substance)  had  been  added, 

UNWHOLESOME  VEGETABLES. 
The  penal  provisions  of  this  subject  are  found  in  section 
1165,  p.  334,  R.  M.  C.  of  1905,  Chapter  XXXII. 

(forms.) 
(Section  1165,  page  334.) 

(1.) 
did  then  and  there  cause  to  be  brought  into  said  city  certain 
decayed    (or  "unwholesome")    vegetables  intended  to  be  con- 
sumed (or  "sold,"  or  "offered  for  sale"),  for  human  food, 

(2.) 
did  then  and  there  keep   (or  "store")  in  said  city  certain  de- 
cayed (or  "unwholesome"  vegetables, 

VACCINATION. 
The  penal  provisions  on  this  subject  are  found  in  section 
1257,  p.  358,  R.  M.  C.  of  1905,  Chapter  XXXII. 
(forms  omitted.) 

VAGABONDS  AND  VAGRANTS. 
The  penal  provisions  on  this  subject  are  found  in  section 
1476,  pp.  409-410,  R.  M.  C.  of  1905,  Chapter  XXXIX. 

(forms.) 

(1.) 

was  then  and  there  an  idle  and  dissolute  person, 

(2.) 
did  then  and  there  go  about  begging, 


516  PRACTICE    IN    THE   MUNICIPAL    COURT. 

(3.) 
did  then  and  there  use  a  shell  game  (or  "sleight  of  hand,"  or 
''juggling  trick,"  or  whatever  other  unlawful  game  was  used,) 
to  cheat,  defraud,  and  unlawfully  obtain  money  and  t)ther  val- 
uable things, 

(4.) 
was  then  and  there  a  pilferer, 

(5.) 
was  then  and  there  a  confidance  man, 

(6.) 
was  then  and  there  a  common  drunkard, 

(7.) 
was  then  and  there  a  common  night  walker, 

(8.) 
was  then  and  there  lewd,  wanton,  and  lascivious  in  speech  and 
behavior, 

(9.) 
was  then  and  there  a  common  brawler, 

(10.) 
was  then  and  there  habitually  neglectful  of  his  employment  (or 
"his  calling")   and  did  not  lawfully  provide  for  himself   (or 
"for  the  support  of  his  family,") 

(11.) 
was  then  and  there  idle  (or  "dissolute")  and  did  then  and  there 
neglect  all  lawful  business,  and  did  then  and  there  habitually 
misspend  his  time  by  frequenting  houses  of  ill  fame,  gambling 
houses  and  tippling  shops, 

(12.) 
was  then  and  there  lodging  in   (or  "found  in  the  night-time 
in")    an  out  house   (or  "shed,"  or  "barn,"  or  "unoccupied 
building,"  or  "in  the  open  air,")  and  did  not  then  and  there 
give  a  good  account  of  himself, 

(13.) 
was  then  and  there  a  thief  (or  "burglar,"  or  "pickpocket,") 
by  his  owTi  confession   (or  "by  his  having  been  convicted  of 


CHICAGO    MUNICIPAL   CODE.  517 

larceny,"  or  "by  his  having  been  convicted  of  burglary,"  or 

' '  by  his  having  been  convicted  of  the  crime  of , 

punishable  by  imprisonment  in  the  state  prison,"  or  "by  his 
having  been  convicted  of  the  crime  of ,  punish- 
able by  imprisonment  in  a  house  of  ocrrection,")  and  did  then 
and  there  have  no  lawful  means  of  support  and  was  then  and 
there  habitually  found  prowling  around  a  steamboat  landing, 
(or  "a  railroad  depot,"  or  "a  banking  institution,"  or  "a 
broker's  office,"  or  "a  place  of  public  amusement,"  or  "an 
auction  room,"  or  "a  store,"  or  "a  shop,"  or  "a  crowded 
thoroughfare,"  or  "a  crowded  car,"  or  "a  crowded  omnibus," 
or  "at  a  public  gathering,"  or  "at  a  public  assembly,"  or 
"lounging  about  a  court  room,"  or  "lounging  about  a  private 
dwelling  house,"  or  "lounging  about  an  out  house,"  or  "in  a 
house  of  ill  fame,"  or  "in  a  gambling  house,"  or  "in  a  tip- 
pling shop,") 

(14.) 
was  then  and  there  a  vagabond, 

VEHICLES. 
The  penal  provisions  on  this  subject  are  foimd  in  sections 
2272  and  2273,  p.  611,  section  2281,  p.  613,  sections  2293  and 
2294,  p.  617,  sections  2297  and  2299,  p.  618,  section  2311,  p. 
621,  section  2324,  p.  624,  section  2332,  p.  626,  section  2334,  p. 
627,  section  2346,  p.  630,  section  2352,  p.  632,  section  2354,  p. 
633,  section  2366,  p.  635,  and  sections  2374,  2375  and  2377,  p. 
637,  R.  M.  C.  of  1905,  Chapter  LXIX. 
(forms  omitted.) 

VEHICLE  SIGN. 

The  penal  provisions  on  this  subject  are  found  in  section 
1125,  p.  321,  E.  M.  C.  of  1905,  Chapter  XXXII. 

(forms.) 

he  being  then  and  there  in  possession  (or  "charge,"  or  "con- 
trol")   as  driver   (or  "operator")    of    a    certain    wagon    (or 

" ")  which  was  then  and  there  a  vehicle  used 

in  and  about  the  business  of  vending  milk,  did  then  and  there 
drive  (or  "operate,"  or  "cause  to  be  driven,"  or  "cause  to  be 
operated")  said  wagon  (or  " ")  in  violation  of  a 


518  PRACTICE    IN    THE    MUNICIPAL    COURT. 

certain  provision  of  Section  1125,  of  Article  15,  of  the  Revised 
Municipal  Code  of  Chicago  of  1905,  which  said  provision  was 
then  and  there  in  the  words  and  figures  following,  to  wit :  (here 
insert  name  of  provision), 

WATER. 

The  penal  provisions  on  this  subject  are  found  in  section 
2384,  p.  654,  sections  2388  and  2389,  pp.  655-656,  section  2398, 
p.  659,  section  2406,  p.  661,  sections  2451  and  2452,  pp.  685- 
686,  R.  M.  C.  of  1905,  Chapter  LXI. 

(forms  OMITTED.) 

WATER  FROM  ROOFS. 

The  penal  provisions  on  this  subject  are  found  in  section 
1298,  p.  367,  R.  M.  C.  of  1905,  Chapter  XXXII. 
(forms  omitted.) 

WEAPONS— CONCEALED. 

The  penal  provisions  on  this  subject  are  found  in  section 
2459,  p.  688,  R.  M.  C.  of  1905,  Chapter  LXXII. 
(forms  omitted.) 

WEAPONS— DEADLY. 

The  penal  provisions  on  this  subject  are  found  in  sections 
2460  and  2461,  p.  688,  R.  M.  C.  of  1905,  Chapter  LXXII. 
(forms  omitted.) 

WEIGHERS. 

The  penal  provisions  on  this  subject  are  found  in  section 
2496,  p.  696,  R.  M.  C.  of  1905,  Chapter  LXXIV. 
'     (forms  omitted.) 

WEIGHTS  AND  MEASURES. 

The  penal  provisions  on  this  subject  are  found  in  section 
2469,  p.  690,  and  sections  2477-2484,  pp.  692-694,  R.  M.  C.  of 
1905,  Chapter  LXXIII. 

(forms  omitted.) 


CHICAGO   MUNICIPAL   CODE.  519 

WHOLESALE  MALT  LIQUOR  DEALERS. 

The  penal  provisions  on  this  subject  are  found  in  section 
1368,  p.  385,  R.  M.  C.  of  1905,  Chapter  XXXVI. 
(forms  omitted.) 

WHOLESALE  SPIRITUOUS  LIQUOR  DEALERS. 

The  penal  provisions  on  this  subject  are  found  in  section 
1372,  p.  387,  R.  M.  C.  of  1905,  Chapter  XXXVI. 
(forms  omitted.) 

WHOLESALE  VINOUS  LIQUOR  DEALERS. 

The  penal  provisions  on  this  subject  are  found  in  section 
1378,  p.  388,  R.  M.  C.  of  1905,  Chapter  XXXVI. 
(forms  omitted.) 

WORK  SHOPS. 

The  penal  provisions  on  this  subject  are  found  in  section 
1266,  p.  360,  and  sections  1270  and  1271,  p.  361,  R.  M.  C.  of 
1905,  Chapter  XXXII. 

(forms.) 
Section  1266,  page  360.) 

(1.) 
was  then  and  there  an  employer  of  females  in  a  certain  mer- 
cantile business  (or  "manufacturing  business,"  or  "occupa- 
tion") and  did  then  and  there  neglect  and  fail  to  provide  and 
maintain  seats  for  the  use  of  certain  female  employes  then  and 
there  employed  in  said , 

(2.) 
was  then  and  there  an  employer  of  females  in  a  certain  mercan- 
tile business  (or  "manufacturing  business,"  or  "occupation") 
and  did  then  and  there  neglect  and  fail  to  permit  to  a  reason- 
able extent  the  use  of  certain  seats  then  and  there  located  in 
said  mercantile  business  (or  "manufacturing  business,"  or  "oc- 
cupation") by  certain  female  employes  then  and  there  employed 


520  PRACTICE    IN    THE    MUNICIPAL    COURT. 

in  said  business  during  the  hours  of  their  employment  for  the 
preservation  of  their  health, 

(3.) 
was  then  and  there  an  employer  of  females  in  a  certain  mercan- 
tile business  (or  "manufacturing  business,"  or  ** occupation") 
and  did  then  and  there  fail  to  furnish  seats  therein  for  the  use 
of  said  female  employes  at  the  ratio  of  one  seat  for  every  four 
female  employes, 


CHAPTER  III. 

PENAL  PROVISIONS  OF   MUNICIPAL  CORPORATIONS 
OTHER  THAN  THE  CITY  OF  CHICAGO,  SIT- 
UATED IN  WHOLE  OR  IN  PART  WITHIN 
THE  LIMITS  OF  THE  CITY. 

The  other  Municipal  Corporations  situated  in  whole  or  in  part 
within  the  limits  of  the  city  of  Chicago  are  the  following: 

1.  The  South  Park  Commissioners. 

2.  The  Lincoln  Park  Commissioners. 

3.  The  West  Chicago  Park  Commissioners. 

4.  The  Sanitary  District  of  Chicago. 

It  has  been  impossible  for  the  author,  in  the  limited  time 
within  which  he  has  felt  it  necessary  to  complete  this  work, 
to  collect  the  penal  provisions  of  the  ordinances  of  these  cor- 
porations or  to  prepare  forms  to  be  used  in  bills  of  particulars 
and  complaints. 

The  practice  in  these  cases  will  be  the  same  as  in  other  quasi 
criminal  cases,  and  the  forms  of  bills  of  particulars  and  com- 
plaints will  be  the  same  as  in  cases  of  violations  of  the  Municipal 
Code  of  Chicago. 


521 


PART   VI.     ADMINISTRATION. 

CHAPTER  I. 
ADMINISTRATION  IN  OTHER  COURTS. 

In  its  administrative  features  the  municipal  court  differs 
radically  from  all  the  other  courts  of  this  state.  For  the  pur- 
pose of  comparison  a  brief  reference  will  be  made  to  the  courts 
of  this  county.  The  circuit  court  of  Cook  county  consists  of 
fourteen  judges  and  the  superior  court  of  Cook  county  of 
twelve.  Each  has  a  chief  justice,  who  is  selected  for  the  term 
of  one  year  by  the  judges  themselves  from  one  of  their  own 
number.  His  powers  and  duties  are  limited  to  presiding  at 
such  meetings  of  the  judges  as  they  may  see  fit  to  hold,  and 
to  signing  his  name  to  such  documents  as  are  required  by  law 
to  be  signed  by  the  presiding  judge  of  the  court.  Each  judge 
is  entirely  independent  of  every  other  judge  and  has  the  power 
to  adopt  and  enforce,  in  the  branch  court  over  which  he  pre- 
sides, such  rules  of  practice,  not  inconsistent  with  law,  as  he 
may  deem  proper,  regardless  of  the  rules  which  may  be  adopted 
and  in  force  in  other  branches  of  the  court.  Whatever  arrange- 
ments are  made  between  judges  respecting  uniformity  of  rules 
of  practice,  and  the  division  and  disposition  of  the  business 
of  the  court,  are  purely  voluntary.  One  judge  may  declare  a 
statute  or  a  municipal  ordinance  constitutional  and  valid,  and 
another  may  declare  it  unconstitutional  or  invalid.  So  too,  one 
judge  may,  after  due  consideration,  pronounce  a  judgment  of 
conviction  in  a  criminal  case,  and  thereupon  another  judge  may, 
upon  an  application  for  a  writ  of  habeas  corpus,  declare  such 
judgment  invalid  and  discharge  the  party  convicted.  The  crim- 
inal court  has  no  judges  of  its  own,  its  branches  being  held  by 
the  judges  of  the  circuit  and  superior  courts. 

Each  of  these  three  courts  has  a  clerk,  who  is  elected  by  the 
people  and  holds  his  office  for  the  term  of  four  years.  In  1905 
the  clerk  of  the  circuit  court  had  fifty-seven  deputies  whose 
compensation  was  $78,380;  the  clerk  of  the  superior  court  had 

522 


ADMINISTRATION  IN  OTHER  COURTS.  523 

forty-tliree  deputies  whose  compensatiou  was  $60,110,  and  the 
clerk  of  the  criminal  court  thirty-seven  deputies,  whose  compen- 
sation was  $51,900,  making-  in  all  one  hundred  and  thirty-seven 
deputies  whose  total  compensation  was  $190,390.  While  the 
number  of  these  deputies  was,  in  accordance  with  the  provisions 
of  the  constitution,  fixed  by  the  judges  of  the  circuit  court,  all 
appointments  and  removals  were  under  the  sole  control  of  the 
clerks  and  the  salaries  were  fixed  by  the  county  board. 

It  is  a  matter  of  common  Imowledge  that  appointments  of 
deputies  are,  to  a  great  extent,  made  for  political  reasons,  and 
are  apportioned  among  the  party  organizations  in  the  various 
wards,  and  the  selection  for  appointments  are  made,  not  by  the 
clerks,  but  by  the  leaders  of  the  party  organizations. 

The  sheriff  is  also  an  elective  officer.  He  had  in  1905  one 
hundred  and  forty-one  deputies,  bailiffs  and  other  assistants, 
who  were  assigned  to  the  duty  of  attendance  upon  the  courts, 
the  serving  of  process,  and  work  in  the  sheriff's  office  proper. 
He  also  had  seventy-six  employes  for  the  custody  and  care  of 
the  court  house,  fifty-one  employes  for  the  custody  and  care  of 
the  criminal  court  building  and  sixty-one  employes  for  the  cus- 
tody of  prisoners  and  the  care  of  the  jail.  The  total  salaries 
of  the  deputy  sheriffs,  deputy  bailiffs  and  other  assistants  in 
the  sheriff's  office  proper,  amounted  to  $205,120.00,  and  the 
total  salaries  of  the  other  employes  of  the  sheriff  aggregated 
$156,629.60.  The  number  of  the  sheriff's  employes  is,  in  ac- 
cordance with  the  constitution,  fixed  by  the  judges  of  the  circuit 
court  and  the  compensation  is  fixed  by  the  county  board.  The 
selection  and  appointment  of  deputy  sheriffs,  bailiffs,  and  other 
employes  of  the  sheriff,  are  made  in  substantially  the  same  way 
as  above  indicated  with  respect  to  deputy  clerks.  With  respect 
to  the  appointment  and  removal  of  deputy  clerks  and  deputy 
sheriffs  and  bailiffs,  the  judges  are  wholly  without  power  or 
authority. 

Thus,  excluding  the  employes  of  the  sheriff  for  the  care  and 
custody  of  the  court  house,  the  criminal  court  building  and  the 
jail,  and  counting  only  deputy  clerks,  deputy  sheriffs,  bailiffs 
and  other  employes  in  the  sheriff's  office  proper,  we  have  a 
total  of  two  hundred  and  seventy-eight  deputies  and  employes, 
whose  salaries  aggregate  $395,510  per  annum. 

There  is  an  entire  absence  of  systematic  co-operation  between 
the  judges  and  the  inferior  officers  of  the  court  in  the  inaugura- 


524  PRACTICE   IN    THE   MUNICIPAL   COURT. 

tion  and  carrying  out  of  satisfactory  methods  of  transacting 
business,  and  it  is  a  matter  of  common  notoriety  that  the  system 
thus  prevailing  is  unsatisfactory  in  its  results.  Its  cost  to  the 
tax  payer  is  wholly  out  of  proportion  to  its  benefits.  The  courts 
mentioned  cost  the  tax  payer  annually,  including  about  $200,000 
expended  for  jurors'  fees,  over  and  above  all  receipts  and  not 
including  rent,  care  and  custody  of  court  rooms,  and  not  in- 
cluding the  salaries  of  six  judges  serving  in  the  appellate  court, 
over  $600,000.00.  If  to  this  were  added  a  proper  charge  as 
rent  of  court  rooms  and  clerk's  and  sheriff's  offices,  based  upon 
the  capital  invested  in  the  county  and  criminal  court  buildings 
and  grounds  and  for  the  care  and  custody  of  court  rooms  and 
clerk's  and  sheriff's  offices,  the  total  net  expense  of  the  three 
courts  mentioned,  would  amount  in  round  niunbers  to  about 
$1,000,000  per  annum.  It  is  the  opinion  of  the  author,  arrived 
at  after  a  careful  study  of  the  subject,  that  this  is  at  least 
$200,000  in  excess  of  what  should  be  the  cost  to  the  tax  payer 
of  an  administration  of  justice  in  those  courts  which  would  be 
satisfactory  in  its  results.  At  least  that  amount  of  public  money 
is  annually  wasted,  to  say  nothing  of  the  unnecessary  expenses 
caused  to  individual  litigants  because  of  improper  methods  of 
transacting  business. 

In  the  circuit  court  a  jury  trial  in  a  contested  common  law 
case  can,  ordinarily,  only  be  reached  after  a  delay  of  about 
three  j^ears.  In  the  superior  court  a  trial  in  a  similar  case  can 
only  be  reached  after  a  delay  of  about  two  years.  When  a  case 
is  finally  placed  upon  the  trial  call  for  a  particular  day,  it  often 
happens  that  the  parties  are  compelled  to  be  on  hand  in  court 
with  their  witnesses  and  in  w^aiting  for  several  days,  and  often 
several  weeks,  before  their  cases  are  finally  called  for  trial.  The 
system  of  practice  which  prevails  is  technical  in  the  highest 
degree,  and  productive,  oftentimes,  of  great  wrong  and  injus- 
tice. This  feature  of  the  situation  has  already  been  adverted 
to  in  preceding  chapters  of  this  work  and  need  not  be  further 
discussed. 

The  business  of  the  courts  is  divided  among  the  judges  by 
agreement  with  the  result  that  the  judges  rotate  in  their  line 
of  work,  each  serving  his  proportionate  time  in  the  criminal 
court  in  the  trial  of  criminal  cases,  and  in  the  circuit  and  su- 
perior courts  in  the  trial  of  common  law  cases,  and  in  the  hear- 
ing of  chancery  matters.     The  assignment  of  any  judge  to  a 


ADMINISTRATION  IN  OTHER  COURTS.  525 

particular  duty  is  made  wholly  regardless  of  his  qualifications 
for  properly  discharging  it. 

Each  individual  judge  has  the  power  to  grant  writs  of  injunc- 
tion, ne  exeat,  and  habeas  corpus,  and  to  appoint  receivers ;  and 
in  the  exercise  of  these  powers  is  subject  to  no  control  whatever 
by  his  fellow  judges  or  by  any  other  tribunal  than  the  appellate 
court  or  the  supreme  court,  whose  revisory  powers  can  only  be 
availed  of  after  a  delay  so  long  as  to  make  it  practically  useless 
to  the  litigant  who  has  been  unjustly  dealt  with  in  the  court 
below. 

The  administration  of  the  .criminal  law,  though  somewhat 
improved  over  that  of  former  years,  is  still  inefficient  and  un- 
satisfactory. This  is  especially  so  with  respect  to  the  class  of 
cases  known  as  misdemeanors,  being  those  eases  punishable  by 
fine  or  imprisonment  otherwise  than  in  the  penitentiary.  The 
remedy  by  indictment  by  the  grand  jury  and  the  dilatory 
method  of  prosecution  and  trial  prevailing  in  the  criminal  court, 
is  such  as  to  produce  practical  immunity  for  offenders  from 
punishment  in  numerous  classes  of  cases. 

As  an  illustration  of  the  cases  last  referred  to  attention  may 
be  called  to  violations  of  the  act  entitled  "An  Act  to  regulate 
the  speed  of  automobiles  and  other  horseless  conveyances  upon 
the  public  streets,  roads  and  highways  of  the  State  of  Illinois," 
approved  May  13,  1903.  By  this  act  it  is  declared  unlawful  to 
propel  an  automobile  or  any  other  conveyance  of  a  similar  type 
at  a  rate  of  speed  in  excess  of  fifteen  miles  per  hour  upon  any 
road  or  highway  in  this  state,  or  at  any  other  rate  of  speed  es- 
tablished by  an  ordinance  of  any  city  or  village  upon  any  street 
within  such  city  or  village.  The  law  declares  that  any  person 
or  persons  violating  the  act  shall,  upon  conviction,  be  sentenced 
to  pay  a  fine  of  not  less  than  $25,  nor  more  than  $200^00,  or  may 
be  confined  in  the  county  jail  not  to  exceed  three  months,  or 
both,  in  the  discretion  of  the  court.  Although  this  act  has  been 
in  force  more  than  three  years,  there  has  never  been  a  single 
prosecution  under  it  in  Cook  county,  notwithstanding  it  is  a 
notorious  fact  that,  during  a  large  portion  of  every  year  since 
it  went  into  effect,  it  has  been  violated  thousands  of  times  daily 
and  its  violation  has  resulted  in  the  loss  of  many  lives  and  in 
many  personal  injuries  which,  if  not  fatal,  were  serious.  The 
only  prosecutions  in  automobile  cases  have  been  under  city  ordi- 
nances, by  the  terms  of  which  the  maximum  punishment  is  a 


526  PRACTICE   IN    THE    MUNICIPAL    COURT. 

fine  of  $50,  judgments  of  conviction,  however,  being  subject 
to  supervision  by  appeals  to  the  criminal  court  which,  throug'h 
delay  and  other  causes,  generally  result  in  the  escape  from  pun- 
ishment of  the  parties  convicted. 

A  consideration  of  these  and  niunerous  other  evils  lead  to  the 
adoption  of  the  administrative  provisions  of  the  Municipal 
Court  Act  which  provides  that  the  chief  justice  in  many  par- 
ticulars, and  the  entire  body  of  judges  in  others,  are  to  be 
unfettered  in  the  adoption  of  any  methods  of  transacting  busi- 
ness which  may  appear  to  be  calculated  to  bring  about  a  prompt 
disposition  of  causes,  and  an  efficient  administration  of  justice. 
These  features  of  the  act  we  shall  now  call  attention  to. 


CHAPTER  II. 
THE  CHIEF  JUSTICE. 

The  chief  justice  is  the  business  superintendent  of  the  court. 
Among  his  powers  and  duties  are  the  following: 

First.  To  provide  for  the  holding  of  as  many  branch  courts 
in  each  district  as  may  be  necessary  for  the  prompt  and  proper 
disposition  of  the  court's  work.  The  duty  of  providing  for  such 
number  of  branch  courts,  being  made  mandatory  by  section  4 
of  the  act,  if  there  are  not  sufficient  municipal  court  judges 
to  hold  the  number  of  branches  which  may  be  needed,  city  court 
judges  and  county  judges,  of  whom  there  are  over  one  hundred 
in  the  state  outside  of  Cook  county,  may,  pursuant  to  section 
13,  be  called  in  for  that  purpose. 

Second.  To  exercise  a  general  superintendence  over  the  busi- 
ness of  the  court,  which  carries  with  it  all  the  powers  usually 
vested  in  a  business  superintendent. 

Third.     To  preside  at  all  meetings  of  the  judges. 

Fourth.  To  assign  the  associate  judges  to  duty  in  the  branch 
courts,  to  receive  their  monthly  reports,  and  to  determine  the 
times  of  their  vacations,  which  are  not  to  exceed  thirty-six  days 
each  in  any  one  year.     ( Section  8. ) 

Fifth.  To  superintend  the  preparation  of  the  calendars  of 
cases  for  trial,  to  make  such  classification  and  distribution  of 
the  cases  upon  different  calendars  as  he  shall  deem  proper,  and 
to  determine  the  order  in  which  cases  shall  be  tried.  (Sections 
8  and  36.)  The  chief  justice  is  thus  vested  with  a  discretion 
which  is  necessary  to  a  prompt  disposition  of  the  business  and 
a  proper  distribution  of  the  cases  among  the  several  judges. 
Pie  will  thus  be  enabled  to  secure  a  prompt  disposition,  of  each 
day's  business  by  causing  the  transfer  of  cases  from  the  calen- 
dar of  one  judge  who  may  not  be  able  to  dispose,  during  the 
day,  of  the  business  allotted  to  him  for  that  day,  to  the  calendar 
of  another  judge  who  may  be  able,  not  only  to  complete  the 
work  of  his  own  calendar  but  to  assist  in  completing  that  of 
another  judge.     This  power,  together  with  that  of  assigning' 

527 


528  PRACTICE    IN    THE    MUNICIPAL    COURT. 

the  associate  judges  to  duty  in  the  branch  courts,  will  also 
enable  the  chief  justice  to  assign  the  associate  judges  to  the 
disposition  of  such  business  as  they  may  respectively  appear 
best  able  and  qualified  to  handle.  As  a  prudent  manufacturer, 
having  a  large  number  of  departments  in  his  business,  would 
not  select  his  heads  of  departments  indiscriminately  or  by  lot, 
or  by  a  system  of  rotation,  so  a  prudent  chief  justice  will  not 
assign  associate  judges  to  duty  regardless  of  their  fitness  to 
properly  perform  the  work  to  which  they  are  assigned. 

Sixth.  To  determine  the  number  of  petit  jurors  to  be  sum- 
moned from  time  to  time,  and  to  cause  them  to  be  interrogated 
and  their  qualifications  to  be  inquired  into.  (Sections  25  and 
26.)  The  act  provides  that  jurors  for  the  municipal  court  shall 
be  selected  by  the  jury  commissioners  of  Cook  county  in  the 
same  manenr  as  jurors  are  selected  for  the  circuit,  superior 
and  criminal  courts.  The  selection  thus  made  by  the  jury  com- 
missioners is  to  be  followed,  upon  the  appearance  of  the  jurors, 
by  a  preliminary  inquiry  as  to  their  qualifications  under  the 
direction  of  the  chief  justice,  and  it  is  made  his  duty  to  reject 
from  service  as  jurors  all  persons  who  do  not  appear  to  possess 
the  qualifications  required  by  law.  The  provisions  of  the  law 
are  that  jurors  shall  be  persons  "in  the  possession  of  their 
natural  faculties  and  not  infirm  or  decrepit,  free  from  all  legal 
exceptions,  of  fair  character,  of  approved  integrity,  of  sound 
judgment,  well  informed,  and  who  understand  the  English  lan- 
guage."  These  qualifications  prescribed  by  law  are  such  as  to 
insure  the  selection  of  thoroughly  competent  and  satisfactory 
jurors,  if  the  provisions  of  the  law  are  strictly  and  faithfully 
enforced.  The  municipal  court  act  expresses  in  terms  too  plain 
to  be  misunderstood  its  mandate  that  no  juror  shall  be  ac- 
cepted by  the  chief  justice  for  service  in  the  municipal  court, 
imless  he  possesses  the  qualifications  required  by  law. 

This  power  will  enable  the  chief  justice  to  have  regard  for 
economy  in  the  summoning  of  jurors.  Only  so  many  should  be 
summoned  as  are  actually  required  to  do  the  work  of  trjnng 
jury  cases,  and  those  summoned  should  be  kept  employed.  In 
the  circuit,  superior  and  criminal  courts  twenty-four  jury-men 
are  summoned  to  attend  each  trial  judge.  Sometimes  the  entire 
twenty-four  are  idle  for  one  or  more  days  at  a  time  at  an  ex- 
pense to  the  county  of  forty-eight  dollars  a  day,  while  the  judge 
is  engaged  in  trying  some  case  without  a  jury,  or  is  sick  or  ab- 


THE   CHIEF   JUSTICE.  529 

sent.  This  waste  of  money  need  not  and  should  not,  take  place 
in  the  municipal  court. 

Not  only  should  care  be  taken  in  examining  into  the  qualifica- 
tions of  jury-men  and  rejecting  from  the  panel  all  who  do  not 
appear  to  possess  the  statutory  qualifications,  but  after  jurors 
are  accepted  for  service  they  should  be  carefully  instructed  by, 
or  under  the  direction  of,  the  chief  justice  with  respect  to  their 
duties  as  jury -men.  It  will  be  practicable  and  expedient  for 
the  chief  justice  to  prepare,  or  cause  to  be  prepared,  a  small 
pamphlet  on  this  subject  containing  brief  explanations  of  the 
terms  in  most  common  use  in  a  trial  by  jury,  of  the  differences 
between  trials  in  civil  cases  and  trials  in  criminal  cases,  and 
such  other  information  as  will  be  useful.  Care  should  be  taken 
to  impress  the  jurors  with  the  responsibility  of  their  position 
as  jury-men,  and  the  necessity  for,  as  well  as  the  expediency 
of,  absolute  integrity  and  impartiality  in  the  discharge  of  their 
duties. 

Seventh.  To  prescribe  forms  of  praecipes,  summonses,  en- 
tries of  appearance,  affidavits,  bonds,  attachment  writs,  replevin 
writs,  petitions  for  changes  of  venue,  bills  of  particulars,  and 
all  other  papers  necessary  for  the  use  of  parties  to  suits.  (Sec- 
tion 44.)  One  of  the  purposes  of  the  municipal  court  act  is 
to  avoid  controversies  respecting  matters  of  form.  This  is 
especially  true  with  respect  to  civil  cases  involving  $1,000  or 
less.  As  the  law  imposes  upon  the  chief  justice  the  duty  of 
prescribing  these  forms,  it  follows  that,  when  prescribed  by 
him,  they  are  presumed  to  be  correct  and  proper  and  will  not 
be  subject  to  question  upon  appeal  or  writ  of  error,  excepting 
where,  otherwise,  there  might  be  a  failure  of  justice. 

Eighth.  To  supervise  the  keeping  by  the  clerk  and  the  bailiff 
of  their  accounts.  The  fees  and  other  moneys  collected  by  the 
clerk  and  the  bailiff  are  required  to  be  paid  into  the  city  treas- 
ury. It  is  essential  that  they  should  keep  correct  and  accurate 
accounts,  and  it  is  made  the  duty  of  the  chief  justice  to  see  to 
it  that  their  accounts  are  accurately  and  properly  kept. 

Ninth.  To  superintend  the  keeping  of  the  records  of  the 
court  and  to  prescribe  abbreviated  forms  of  entries.  If  the 
records  of  the  municipal  court  were  to  be  written  up  and  pre- 
served in  the  same  manner  as  the  records  of  the  circuit  and 
superior  courts  only  a  few  years  would  elapse  until  an  enor- 
mous expense  would  be  imposed  upon  the  city  for  their  storage 
34 


530  PRACTICE    IN    THE    MUNICIPAL    COURT. 

and  preservation.  There  are  multitudes  of  orders  occupying 
half  a  page  of  an  ordinary  record  book  which  could  be  quite  as 
well  expressed  in  an  abbreviated  form  by  a  single  line.  Power 
is  properly  given  to  the  chief  justice  to  accomplish  this  reform, 
and  thus  save  the  city  not  only  the  expense  of  unnecessary  rec- 
ord books  and  storage  room  therefor,  but  the  additional  clerk 
hire  necessary  to  the  writing  up  of  the  records  as  they  are  now 
written  in  the  circuit,  superior  and  criminal  courts.  This 
method  of  keeping  the  records  will  be  further  mentioned  in  a 
subsequent  chapter.      (Chap.  IV,  Part  VI  post.) 

Tenth.  In  addition  to  the  duties  expressly  imposed  upon 
the  chief  justice,  it  will  be  his  duty  generally  to  do  everything 
he  may  be  able  to  do  towards  the  adoption  of  such  methods  of 
transacting  the  business  of  the  court  as  may  be  calculated  to 
secure  the  prompt  trial  and  disposition  of  cases  and  just  deci- 
sions, with  the  least  possible  inconvenience  and  expense  to  the 
parties  litigant  and  the  witnesses  who  may  be  compelled  to 
attend  court,  and  to  make  the  court  as  little  burdensome  to  the 
tax  payer  as  may  be  consistent  with  its  efficiency.  To  succeed 
in  disposing  of  all  of  the  business  of  the  court  with  only  twenty- 
seven  associate  judges  and  a  reasonable  number  of  deputy  clerks 
and  deputy  bailiffs  may  be  a  task  of  some  difficulty. 

The  number  of  the  justices  of  the  peace  and  police  magistrates 
within  the  city  of  Chicago  is  fifty-two  and  the  number  of  con- 
stables within  the  same  territory  one  hundred  ninety-six.  Each 
justice  of  the  peace  employs  a  clerk,  making  fifty-two  clerks 
and  the  police  courts  also  have  eighteen  clerks  and  eighteen 
bailiffs.  The  jurisdiction  of  these  justices  of  the  peace  extends 
throughout  the  county  and  embraces  all  quasi  criminal  cases 
and  civil  cases  at  law,  other  than  those  for  injuries  to  the  per- 
son (such  as  actions  on  the  case  for  injuries  to  the  person, 
slander,  libel,  assault  and  battery,  false  imprisonment  and  ma- 
licious prosecution),  when  the  amount  claimed  in  money  or 
personal  property  does  not  exceed  $200,  and  in  criminal  cases 
punishable  by  fine  only,  not  exceeding  $200,  in  search  warrant 
cases,  and  in  preliminary  examinations  in  criminal  cases. 

The  jurisdiction  of  the  municipal  court  is  much  more  exten- 
sive than  this  as  its  direct  jurisdiction  embraces  all  the  cases 
of  the  classes  of  which  justices  of  the  peace  have  jurisdiction, 
and  in  addition  thereto  the  above  mentioned  cases  for  injuries 
to  the  person,  when  the  amount  claimed  in  money  or  personal 


I 


THE   CHIEF    JUSTICE.  531 

property  does  not  exceed  $1,000.  It  also  has  direct  jurisdiction 
of  all  actions  on  contracts,  actions  of  replevin,  actions  of  trover 
and  actions  for  injuries  to  personal  property,  without  limit  as 
to  the  amount.  Its  direct  jurisdiction  in  criminal  cases  ex- 
tends to  all  misdemeanors  punishable  by  fine  or  imprisonment 
otherwise  than  in  the  penitentiary.  In  addition  to  this  it  may 
have,  by  a  transfer  from  the  circuit  court,  superior  court  and 
criminal  court,  jurisdiction  of  any  case  at  law  or  in  equity. 

Should  the  tv/enty-eight  judges  with  not  over  one  hundred 
deputy  clerks  and  not  over  one  hundred  deputy  bailiffs,  suc- 
ceed in  properly  transacting,  not  only  all  the  business  trans- 
acted by  these  fifty- two  justices  of  the  peace,  with  their  seventy 
clerks,  and  two  hundred  and  four  constables  and  bailiffs,  but 
also  dispose  of  a  large  amount  of  other  business,  it  is  apparent 
it  must  be  because  the  administrative  features  of  the  Municipal 
Court  Act  favors  such  reforms  in  the  method  of  transacting 
business  as  to  permit  the  accomplishment  of  this  result,  and  be- 
cause the  chief  justice  is  a  good  executive  officer  and  is  diligent 
in  the  discharge  of  his  duties. 

Eleventh.  It  will  also  be  the  duty  of  the  chief  justice  to  per- 
form such  work  in  the  trial  and  disposition  of  causes  as  he  may 
be  able  to  perform.  This  judicial  work  should  be  mainly  the 
hearing  of  motions  and  other  matters  which  present  questions 
of  practice.  The  decisions  of  the  municipal  court  upon  matters 
of  practice  are  not  subject  to  review  by  the  supreme  or  appellate 
courts  excepting  when  such  review  is  necessary  to  prevent  a 
failure  of  justice.  (Sections  19,  22  and  23.)  It  is  important, 
then,  not  only  that  questions  of  practice  should  be  determined 
correctly,  but  that  the  decisions  of  the  judges  upon  those  ques- 
tions should  be  uniform.  Uniformity  can  best  be  attained  if 
special  attention  is  given  to  these  questions  of  practice  by  the 
chief  justice  and  by  such  other  judges  as  may  be  selected  to 
give  the  department  of  practice  their  particular  study  and 
attention. 

Twelfth.  Last  to  be  mentioned  but  not  least  in  importance 
is  the  duty  of  the  chief  justice  to  receive  complaints  and  to  take 
measures  to  remove  causes  of  just  criticism.  The  municipal 
court  building  provides  him  with  a  business  office,  and  here 
he  should  be  accessible  to  all  persons  who  wish  to  make  com- 
plaints of  unjust  treatment,  or  to  bring  to  his  notice  matters 


532  PKACTICE   IN    TUE   MUNICIPAL   COURT. 

pertaining  to  the  court  which  ought  to  receive  his  attention. 
Some  complaints  will  be  just  and  many  unjust.  Every  de- 
feated litigant  is  disposed  to  complain  of  the  decision  of  the 
court,  but  complaints  that  decisions  of  judges  are  unjust  are 
not  such  as  are  to  be  remedied  by  the  chief  justice,  but  should' 
be  referred  by  him  to  the  entire  body  of  judges  for  such  action 
as  they  may  deem  expedient.  Aside  from  complaints  of  unjust 
decisions,  however,  there  are  many  which  the  chief  justice  can 
take  personal  cognizance  of  and,  when  well  founded,  apply  suit- 
able remedies. 

The  vast  amount  of  work  imposed  upon  the  chief  justice 
will  render  it  necessary  that  he  be  allowed  a  number  of  assist- 
ants to  relieve  him  of  matters  of  detail  which  otherwise  would 
consiune  time  which  he  could  more  profitably  use  for  other 
purposes.  Deputy  clerks  may  be  appointed  for  this  purpose 
in  such  numbers  as  the  judges  may  deem  necessary,  but  inas- 
much as  the  salary  the  judges  may  fix  for  a  deputy  clerk  is 
limited  to  $1,800  per  annum,  it  will  be  necessary  for  the  city 
council  to  exercise  the  power  given  by  section  7,  by  authoriz- 
ing the  emplojTnent  of  assistants  to  the  chief  justice  at  higher 
salaries.  The  appointments  to  these  positions  should,  under 
no  circumstances,  be  made  for  political  considerations.  Civil 
service  rules  should  prevail  in  the  selection  of  these  assistants. 


CHAPTER  III. 
THE  ASSOCIATE  JUDGES. 

The  control  of  the  chief  justice  over  the  associate  judges  is 
limited  to  assigning  them  to  duty  in  the  branch  courts  and 
fixing  the  dates  of  their  vacations.  This  power  is  one  which 
must  be  lodged  somewhere,  in  order  that  there  may  be  a  satis- 
factory disposition  of  the  business  of  the  court,  and  it  is  prop- 
erly conferred  upon  the  chief  justice.  Apart  from  this  power 
and  the  administrative  functions  of  the  chief  justice,  the  judges 
are  on  an  equal  footing,  and,  acting  as  a  body  at  their  meetings 
to  be  held  monthly  or  oftener,  they  possess  the  following 
powers : 

First.  To  receive  and  investigate,  or  to  cause  to  be  inves- 
tigated, all  complaints  presented  to  them  pertaining  to  the  court 
and  to  the  officers  thereof,  and  to  take  such  steps  as  they  shall 
deem  necessary  with  respect  thereto.  Among  the  complaints 
which  may  be  thus  investigated  are  those  against  the  clerk  and 
the  bailiff  and  their  deputies  for  incompetency,  inefficiency, 
dishonesty,  oppression  in  the  execution  of  process,  or  other  mis- 
conduct; those  against  police  officers,  who  are  ex-officio  deputy 
bailiffs,  for  improper  conduct  towards  persons  arrested,  and 
those  against  attorneys  for  unprofessional  or  dishonest  con- 
duct in  respect  to  suits  pending  in  the  court.  Complaints 
may  also  be  made,  and  should  be  made,  against  judges  for  con- 
duct on  the  bench  which  is  unbecoming  judges  and  gentlemen, 
and  for  all  acts  of  oppression  in  the  exercise  of  their  powers 
as  judges.  That  such  complaints  are  within  the  jurisdiction 
of  the  judges  at  their  meetings  cannot  be  doubted,  for  section 
8  declares  that  "at  such  meetings  they  shall  receive  and  inves- 
tigate, or  cause  to  be  investigated,  all  complaints  presented  to 
them  pertaining  to  the  said  court,"  and  that  they  ''shall  take 
such  steps  as  they  may  deem  necessary  or  proper  with  respect 
thereto."  In  the  case  of  a  well  founded  complaint  against  a 
judge  for  conduct  unbecoming  a  judge  and  a  gentleman,  the 
remedy  could  extend  no  further  than  a  vote  of  censure  and  the 

533 


534  PRACTICE    IX    THE    MUNICIPAL    COURT. 

vacation  of  any  order  or  judgment  he  may  have  entered.  Such 
a  vote  of  censure  passed  and  made  public  would  doubtless  be 
effective  to  prevent  future  occurrences  of  a  similar  character. 
It  is  doubtful,  however,  whether,  with  the  power  thus  existing 
and  the  disposition  on  the  part  of  a  majority  of  the  judges  to 
enforce  it,  there  would  ever  be  any  occasion  calling  for  its 
exercise.  That  the  power  should  be  exercised  in  proper  cases 
cannot  be  doubted.  Every  judge  is  interested  in  the  reputation 
of  the  court  and  should  be  upon  the  alert  in  protecting  it  against 
just  criticism,  and  certainly  nothing  is  more  injurious  to  the 
administration  of  justice  than  overbearing,  oppressive  or  other- 
wise unbecoming  conduct  on  the  part  of  a  judge  while  engaged 
in  the  exercise  of  the  powers  and  duties  of  his  office. 

Again,  complaint  may  be  made  that  a  judgment  or  order 
entered  is  plainly  and  palpably  unjust.  In  such  case,  a  ma- 
jority of  the  judges,  through  rules  and  regulations  which  they 
may  adopt,  will  have  undoubted  power  to  grant  relief. 

Second.  To  determine  the  number  of  deputy  clerks  and  dep- 
uty bailiffs  to  be  appointed,  to  fix  their  salaries  and  to  remove 
them  from  their  positions.  (Sections  15  and  17.)  In  the  ori- 
ginal draft  of  the  municipal  court  act  it  was  provided  that  the 
clerk  and  the  bailiff'  should  be  appointed  by,  and  hold  their 
offices  during  the  pleasure  of  a  majority  of,  the  judges.  This 
was  deemed  essential  to  the  accomplishment  of  the  proper  ad- 
ministration of  the  clerk's  and  bailiff's  offices,  and  the  preven- 
tion of  many  of  the  evils  now  prevailing  in  the  sheriff's  office, 
and  in  the  offices  of  the  clerks  of  the  circuit,  superior  and  crim- 
inal courts. 

The  General  Assembly,  however,  in  its  wisdom,  determined 
that  the  clerk  and  the  bailiff  should  be  elective  officers  and  so 
provided  accordingly  in  sections  14  and  16  of  the  act.  Very 
properly,  however,  they  made  no  changes  in  the  other  provi- 
sions of  the  act  by  which  the  judges  were  vested  with  absolute 
control  over  the  appointment,  the  fixing  of  the  salaries,  and  the 
removal  of  deputies.  By  section  8  it  is  provided  that  the  judges 
"shall  have  power  and  it  shall  be  their  duty  to  adopt,  or  cause 
to  be  adopted,  all  such  rules  and  regulations  for  the  proper 
administration  of  justice  in  said  court  as  to  them  may  seem 
expedient."  This  not  only  gives  the  judges  the  power,  but 
makes  it  their  duty,  to  adopt  all  such  rules  and  regulations  with 


THE   ASSOCIATE    JUDGES.  535 

respect  to  the  clerk's  and  bailiff's  oOces,  including  the  appoint- 
ment of  the  deputies,  as  they  may  deem  conducive  to  the  proper 
administration  of  justice.  It  cannot  be  doubted  that,  to  the 
proper  administration  of  justice  in  any  court,  it  is  absolutely 
essential  that  all  the  officers  of  the  court  should  be  persons  of 
good  character,  competent  to  properly  discharge  the  duties  of 
their  positions  and  diligent  in  the  performance  of  the  work 
entrusted  to  them.  If  the  judges  of  the  municipal  court  shall 
have  a  proper  appreciation  of  the  duties  of  their  positions,  they 
will  see  to  it  that,  in  the  appointments  of  deputy  clerks  and 
deputy  bailiffs,  regard  shall  be  had  to  fitness  and  that  political 
considerations  shall  in  no  case  lead  to  the  appointment  of  any 
deputy  clerk  or  any  deputy  bailiff  who  is  not  of  good  character, 
thoroughly  qualified  for  the  duties  of  the  position  to  which  he 
is  appointed  and  who  will  not  be  as  ready  and  willing  to  faith- 
fully attend  to  his  duties  as  he  would  expect  to  attend  to  them 
were  he  employed  by  a  private  individual.  Not  only  this,  but 
it  will  be  the  duty  of  the  judges,  immediately  upon  the  organiza- 
tion of  the  court,  to  adopt  such  rules  and  regulations  for  the 
appointment  of  deputy  clerks  and  deputy  bailiffs,  as  that  the 
appointment  to  those  positions,  from  time  to  ime,  shall  be  made 
by  means  of  competitive  examinations  in  accordance  with  the 
principles  embodied  in  the  law  in  force  in  this  state  regulating- 
civil  service  in  cities.  These  rules  and  regulations  the  judges 
have  the  undoubted  power  to  adopt  and  they  should  adopt  them 
voluntarily,  and  without  waiting  for  the  passage  of  any  further 
act  on  the  subject  by  the  General  Assembly. 

Third.  To  adopt,  or  cause  to  be  adopted  all  such  rules  and 
regulations  for  the  proper  administration  of  justice  in  the  court 
as  to  them  may  seem  expedient.  This  power  authorizes  any 
rule  or  regulation  that  is  not  forbidden  by  law.  If  rules  and 
regulations  not  forbidden  by  law  will  tend  to  bring  about  a 
prompt  and  proper  administration  of  justice,  the  judges  have 
ample  power,  and  it  will  be  their  duty,  to  adopt  them.  It  fol- 
lows that  if  the  administration  of  justice  in  the  court  is  not 
satisfactory,  the  judges  can  only  excuse  themselves  from  blame 
by  pointing  out  some  positive  provision  of  law  by  which  the 
desired  result  has  been  prevented.  This  will  be  a  difficult  mat- 
ter for  judges  having  the  power  to  appoint  deputy  clerks  and 
deputy  bailiffs   without   limit,   to   fix   their   salaries,   and   gen- 


536  PRACTICE    IN    THE    MUNICIPAL    COURT. 

erally  to  manage  the  business  of  the  court  as  they  may  see  fit. 

Fourth.  To  adopt,  with  the  approval  and  by  the  direction  of 
the  supreme  court,  such  rules  regulating  the  practice  in  the 
court  as  they,  or  the  supreme  court,  may  deem  reasonable  or 
expedient.  (Sections  19  and  20.)  This  power  has  been  dis- 
cussed in  a  preceding  chapter  and  need  not  be  further  men- 
tioned here. 

Fifth.  One  of  the  most  important  provisions  of  the  act  is 
that  which  makes  it  the  duty  of  the  chief  justice  and  associate 
judges  to  meet  together  at  least  once  in  each  month,  excepting 
the  month  of  August,  in  each  year,  at  such  hour  and  place  as 
may  be  designated  by  the  chief  justice  and  at  such  other  times 
as  may  be  required  by  the  chief  justice  for  the  consideration  of 
such  matters  pertaining  to  the  administration  of  justice  in  said 
court  as  may  be  brought  before  them.  The  judges  who  will  be 
on  duty  in  the  first  district,  of  whom  there  will  probably  be 
twenty-four,  the  other  four  being  assigned  to  duty  in  the  sec- 
ond, third,  fourth  and  fifth  districts,  will  be  housed  in  one 
building,  being  the  building  kno^^^l  as  liS  Michigan  avenue, 
leased  for  that  purpose  by  the  city  for  the  term  of  five  years. 
Here  will  be  the  clerk's  office,  the  bailiff's  office,  a  large  wait- 
ing room  for  women,  a  large  waiting  room  for  men,  an  assign- 
ment room,  commodious  quarters  for  jurjTnen,  twenty- three 
court  rooms  with  private  offices  for  the  judges,  a  business  office 
and  other  accommodations  for  the  chief  justice  and  last,  but 
not  least,  a  large  library  room  to  be  used  also  as  an  assembly 
room  for  the  judges.  In  this  room  they  will  hold  the  meetings. 
provided  for  bj-  the  act,  which  should  be  as  frequent  as  cir- 
cumstances may  require.  At  these  meetings  each  judge  should 
report  for  the  consideration  of  all  the  judges  such  questions  of 
doubt  or  difficulty  as  may  have  been  presented  to  him  and  upon 
which  he  may  desire  the  advice  of  his  fellow  judges.  Especially 
should  this  be  true  as  to  all  questions  pertaining  to  the  validity 
or  construction  of  statutes,  or  ordinances,  and  all  new  questions 
of  practice.  When  any  such  question  is  presented,  the  views 
entertained  by  the  majority  should  be  given  effect  and  the  ques- 
tion decided  in  accordance  with  their  determination.  This 
method  of  conducting  the  business  of  the  court  will  be  produc- 
tive of  great  benefit.  The  meetings  of  the  judges  will  be  schools 
of  instruction,  the  result  of  which  ought  to  be  uniformity  in 


THE   ASSOCIATE   JUDGES.  537 

methods  of  transacting  business  and  in  the  decision  of  important 
questions  of  law.  To  permit  one  judge  to  hold  an  ordinance  void 
and  to  allow  another  to  pronounce  it  valid,  or  to  permit  half  a 
dozen  judges  to  each  give  a  different  construction  to  an  ordi- 
nance or  a  statute,  would  be  unseemly  and  demoralizing.  The 
same  may  be  said  with  respect  to  the  imposition  of  fines  for  the 
violation  of  ordinances  or  for  criminal  misdemeanors.  To  have 
one  judge  imposing  a  fine  of  five  dollars  while  another  imposes 
one  of  a  hundred  dollars,  when  the  circumstances  were  sub- 
stantially identical,  would  subject  the  court  to  well  merited 
criticism.  The  exercise  by  a  majority  of  the  judges  of  their  power 
to  cause  a  palpably  erroneous  and  unjust  judgment  to  be  vacated 
cannot  but  have  a  beneficial  influence. 

It  will  always  happen  among  a  body  of  twenty-eight  judges 
that  there  will  be  wide  differences  in  natural  ability,  experience 
and  other  qualities.  Some  judges  may  be  strong  in  some  direc- 
tions and  weak  in  others.  Frequent  meetings  and  consultations 
of  the  judges  will  enable  the  strong  to  assist  the  weak  and  the 
experienced  to  help  the  inexperienced. 

Again,  the  judges  may  aid  each  other  in  discovering  the  de- 
fects in  the  law  and  in  suggesting  amendments.  In  fact  it  is 
apparent  that  a  body  of  judges  who  are  industrious  and  in- 
telligent, will  have  no  excuse  for  a  failure  to  build  up  a  credit- 
able system  of  administering  justice  in  the  municipal  court. 
The  entire  system  of  practice  in  this  state  is  antiquated.  There 
has  been  no  improvement  since  1845.  Chicago  should  have  a 
system  of  practice  of  its  own,  suitable  to  the  conditions  of  a 
cosmopolitan  city  of  over  two  millions  of  inhabitants.  Unless 
the  constitution  can  be  amended,  and  that  is  almost  impracti- 
cable, this  can  only  be  accomplished  through  the  municipal 
court.  It  behooves  the  judges,  then,  to  make  the  best  possible 
use  of  the  powers  given  them  by  the  Municipal  Court  Act.  They 
should  study  the  various  systems  prevailing  in  England,  Can- 
ada, Germany  and  France,  and  in  the  other  states  of  the  United 
States,  not  for  the  mere  purpose  of  adopting  what  is  there 
found,  but  as  material  for  consideration  in  the  building  up  of  a 
system  suitable  for  our  own  use.  A  system  of  practice  which 
will  operate  satisfactorily  in  England,  Canada,  Germany,  or 
France,  or  in  some  other  city  of  the  United  States,  may  not 
entirely  suit  a  community   like   Chicago.      So,   too,   the   codes 


538  PRACTICE    IN    THE    MUNICIPAL    COURT. 

of  other  countries  or  states  may  not  furnish  what  we  need, 
owing  to  their  own  imperfecitions  or  to  differences  between 
conditions  there  and  here,  but  nevertheless  they  may  furnish 
vahiable  suggestions. 

The  author  will  not  attempt  to  outline  any  system  of  practice 
which  should  be  adopted,  but  will  content  himself,  for  the 
present,  with  suggesting  that  no  code  of  practice  should  be 
adopted  unless  it  is  one  which,  first,  will  prevent  a  decision  upon 
the  merits  from  being  defeated  by  a  rule  of  procedure,  and 
second,  will  compel  the  supreme  and  appellate  courts  to  decide 
every  appeal  or  writ  of  error  according  to  the  very  right  and 
justice  of  the  case  and  to  abandon  the  present  practice  of  hold- 
ing every  error  of  the  trial  court  a  "prejudicial"  or  "revers- 
ible ' '  error  merely  because  it  might  have  affected  the  result. 


CHAPTER  IV. 
THE  CLERK. 

The  duties  and  liabilities  of  clerks  of  the  circuit  courts,  the 
superior  court  of  Cook  county  and  the  county  courts  are  defin- 
itely fixed  by  the  act  entitled  "An  act  to  revise  the  law  in  re- 
lation to  clerks  of  courts"  approved  March  25,  1874,  and  in 
force  July  1,  1874.  Section  22  of  that  act  (Kurd's  R.  S.  of 
1905,  p.  57)  provides  that  "the  judges  of  the  several  courts 
shall,  as  often  as  once  in  each  year,  make  an  examination  of 
the  offices  of  the  clerks  of  their  respective  courts,  and  may 
give  such  directions  and  make  such  orders  in  regard  to  the 
keeping  of  the  same  and  the  records  and  papers  thereof,  not 
contrary  to  law,  as  they  shall  deem  best." 

Section  13  of  the  same  act  provides,  that  in  addition  to  the 
duties  expressly  mentioned  in  the  act  the  clerks  shall  "do  and 
perform  all  other  duties  pertaining  to  their  said  offices,  as  may 
be  required  by  law  or  the  rules  and  orders  of  their  respective 
courts  respectively." 

The  powers  thus  given  the  judges  over  the  clerks  appear  to 
be  very  limited.  At  least  they  are  so  construed  by  the  judges, 
who  rarely,  if  ever,  interfere  in  the  management  of  the  clerk's 
offices.  They  do  not  concern  themselves  with  the  character 
of  persons  employed  as  deputies,  the  quality  of  the  work  per- 
formed, or  their  conduct  toward  persons  having  business  in  the 
clerk's  office.  In  Cook  county  it  is  believed  no  attemut  has  ever 
been  made  by  the  judges  to  remedy  any  of  the  evils  with  re- 
spect to  which  complaints  are  made.  Among  these  e\dls  is  the 
tipping  evil  by  means  of  which  some  lawyers,  who  are  willing 
to  give  gratuities  to  the  deputies,  are  enabled  to  obtain  much 
more  prompt  service  than  other  lawyers,  who  are  unable  or  are 
unwilling  to  make  such  payments.  It  is  needless  to  inquire 
whether  these  evils  might  not  be  remedied  by  rules  and  regula- 
tions adopted  by  the  judges  of  the  circuit  and  superior  covirts. 
It  is  sufficient  to  say  no  attempt  has  ever  been  made  to  adopt 
any  such  rules  or  regulations. 

539 


540  PRACTICE   IN   THE   MUNICIPAL   COURT. 

Section  14  of  the  Municipal  Court  Act  requires  that  ''until 
otherwise  provided  by  the  rules  which  may  be  adopted  under  the 
provisions  of  this  act,  the  powers,  duties,  liabilities,  oath  of 
office  and  the  bond  and  conditions  thereof  of  such  clerk,  shall 
be  the  same,  as  near  as  may  be,  as  those  prescribed  by  law  for 
clerks  of  courts  in  the  act  entitled:  'An  act  to  revise  the  law 
in  relation  to  clerks  of  courts'  approved  March  25,  1874,  and 
in  force  July  1,  1874."  The  rules  there  referred  to  are  not 
the  rules  of  practice  provided  for  by  section  20,  but  they  are 
the  rules  and  regulations  referred  to  in  section  8,  which  de- 
clares that  the  judges  at  their  meetings  "shall  have  the  power,, 
and  it  shall  be  their  duty,  to  adopt  or  cause  to  be  adopted  all 
such  rules  and  regulations  for  the  proper  administration  of 
justice  in  said  court  as  to  them  may  seem  expedient."  Hence 
what  shall  be  the  "powers,  duties  and  liabilities"  of  the  clerk 
is  wholly  for  the  chief  justice  and  associate  judges  to  determine, 
whenever  they  shall  see  fit  to  act  upon  the  subject.  The  entire 
management  of  the  clerk's  office,  in  all  its  details,  may  be  de- 
termined by  the  rules  and  regulations  they  may  adopt. 

In  addition  to  this  section  62  declares  that  "it  shall  be  the 
duty  of  the  chief  justice  of  the  municipal  court  to  superintend 
the  keeping  of  the  records  of  said  court  and  to  prescribe  ab- 
breviated forms  of  entries  of  orders  therein,  which  abbreviated 
forms  so  prescribed  shall  have  the  same  force  and  effect  as  if 
such  orders  were  entered  in  full  in  the  records  of  said  court." 
By  section  8  it  is  also  declared  that  the  chief  justice  "shall 
have  the  general  superintendence  of  the  business  of  said  court. ' ' 

It  follows,  therefore,  that  it  is  for  the  judges,  acting  as  a 
body,  to  define  by  rules  and  regulations  "the  powers,  duties 
and  liabilities"  of  the  clerk  and  for  the  chief  justice  not  only 
to  superintendent  the  keeping  of  the  records  and  prescribe  ab- 
breviated forms  of  entries  of  orders  therein,  but  to  superintend 
the  clerk's  office  and  see  to  it  that  it  is  managed  in  strict  accord- 
ance with  the  rules  and  regulations  adopted  by  the  judges. 
Whether  modern  business  methods  shall  prevail  in  the  clerk's 
office  and  it  shall  be  conducted  properly  and  in  accordance  with 
business  principles,  will  depend  entirely  upon  the  manner  in 
■which  the  chief  justice  and  the  associate  judges  discharge  their 
duty. 

It  would  not  be  practicable  to  outline  a  complete  scheme  for 


THE  CLERK.  541 

the  management  of  the  cJerk's  office.  The  scheme  to  be  adopted 
should  be  one  which  will  secure  a  proper  keeping  of  the  records, 
strict  honesty,  attention  to  business,  and  civility  toward  the 
public  on  the  part  of  all  employees,  as  well  as  such  accommo- 
dations to  lawyers  and  litigants  as  will  facilitate  and  render 
less  troublesome  the  transaction  of  business.  A  few  matters, 
however,  may  be  briefly  mentioned: 

First:  The  record  of  every  case,  other  than  a  chancery  case, 
should  be  kept  in  a  form  abbreviated  to  such  extent  that  all 
of  it,  excluding,  of  course,  the  files,  but  including  the  registry 
of  papers  filed,  of  writs  issued,  all  orders  and  judgments  entered 
by  the  court,  the  taxation  of  costs  with  memoranda  pertaining 
to  the  execution,  and  also  the  satisfaction  of  the  judgment, 
should  be  kept  on  a  half  page  or  less  of  an  ordinary  record 
book. 

Second:  To  save  lawyers  and  litigants  the  expense  and 
trouble  of  investigating  and  ascertaining  the  condition  of  the 
record  in  a  common  law  case,  provision  should  be  made  by  which 
the  clerk,  for  a  fee  of,  say  25  cents,  an  amount  sufficient  to 
cover  the  cost  of  the  work,  should  furnish  to  any  lawyer  or 
litigant  a  correct  copy  of  all  the  entries  in  the  record.  With 
blanks  provided  for  that  purpose,  this  would  be  a  matter  of 
no  difficulty.  It  would  accommodate  the  bar  and  save  trouble 
and  expense  to  the  clerk. 

Third:  The  wrapper  containing  the  files  of  each  case  should 
also  have  endorsed  upon  it  the  same  entries  which  are  contained 
in  the  record  and  under  no  circumstances  should  files  in  cases  be 
permitted  to  be  taken  from  the  clerk's  office,  except  in  charge 
of  a  clerk  or  a  deputy  clerk  for  use  in  a  court  room. 

Fourth:  In  cases  of  the  first  and  second  classes  the  plaintiff 
should  be  required  to  furnish  on  application  to  the  opposing 
party  or  his  attorney,  or  where  the  opposing  parties  are  num- 
erous and  are  represented  by  different  lawyers  or  different 
firms  of  lawyers,  to  each  lawyer  or  firm  of  lawyers,  a  copy  of 
every  paper  filed. 

Fifth:  In  all  civil  cases  of  the  fourth  and  fifth  classes  there 
should  be  delivered  to  the  defendant,  attached  to  a  copy  of  the 
summons,  a  copy  of  the  praecipe  and  bill  of  particulars,  in  cases 
other  than  attachment,  replevin,  distress  for  rent,  and  forcible 


542  PRACTICE    IN    THE    MUNICIPAL    COURT. 

detainer,  and  in  attachment  and  replevin  a  copy  of  the  affidavit, 
in  distress  for  rent  a  copy  of  the  distress  warrant,  and  in 
forcible  detainer  a  copy  of  the  complaint. 

SixtJi :  In  quasi  criminal  cases  commenced  by  summons  there 
should  be  delivered  to  the  defendant,  attached  to  a  copy  of  the 
summons,  a  copy  of  the  praecipe  and  of  the  bill  of  particulars, 
and  the  bill  of  particulars  should  describe  the  offence  alleged 
to  have  been  coimuitted  with  the  same  particularity  that  would 
be  required  in  a  complaint. 

Seventh.  In  quasi  criminal  cases  commenced  by  warrant  the 
defendant  should  be  furnished  with  a  copy  of  the  warrant  and 
of  the  complaint. 

Eighth:  By  section  16  provision  is  made  for  the  appointment 
by  the  judges  of  deputy  clerks  to  act  as  shorthand  reporters. 
The  salaries  to  be  paid  are  not  to  exceed  $1,800  per  annum, 
but  such  deputy  clerks  are  to  be  allowed  a  reasonable  charge, 
not  exceeding  15  cents  per  100  words,  to  the  parties  to  whom 
transcripts  are  furnished,  of  which  they  may  be  permitted  to 
retain  one-half.  Inasmuch  as  these  deputies  will  have  no  ex- 
penses of  any  kind  or  character  for  office  room,  type-writing 
machines,  type-writer  supplies  and  type-writers  or  other  help- 
ers, it  is  believed  the  salary  and  compensation  thus  fixed  will 
be  ample  to  secure  the  services  of  competent  shorthand  report- 
ers. Should  the  compensation  thus  fixed  be  inadequate,  it 
will  be  in  the  power  of  the  city  coimcil,  by  the  terms  of  section 
7,  to  provide  for  such  additional  compensation  as  will  accom- 
plish the  purpose  of  securing  first-class  shorthand  reporters. 
The  clerk's  office  should  have  a  stenographic  department.  The 
shorthand  reporters  should  not  be  the  reporters  for  particular 
judges  but  for  the  court.  They  should  be  employed  in  sufficient 
niunbers  to  properly  perform  all  the  work  that  may  be  required, 
and  to  give  as  prompt  attention  to  orders  for  transcripts  as 
would  be  given  by  a  firm  of  reporters  conducting  the  business 
on  their  o^woi  account,  and  anxious  to  please  and  satisfy  their 
customers.  In  other  words,  the  stenographic  department  of  the 
court  should  be  a  business  department  conducted  upon  business 
principles.  It  would  doubtless  not  be  necessary  nor  expedient 
to  report  all  the  proceedings  of  all  the  branches  of  the  courts'. 
Attention  must  be  given  to  economy  in  this  department  as  well 


THE  CLERi:.  543 

as  any  other,  and  the  expense  of  the  department  limited  to  such 
an  amount  as  is  reasonably  necessary  to  facilitate  the  transac- 
tion of  the  business  of  the  court. 

Ninth:  The  lav/  pertaining  to  the  acknowledgment  of  mort- 
gages as  amended  in  1905  (Laws  of  1905,  p.  331,  Kurd's  R.  S. 
of  1905,  pp.  1400-1401)  requires  that  every  chattel  mortgage, 
if  the  mortgagor  is  a  resident  of  Chicago,  must  be  acknowledged 
before  the  clerk  or  a  deputy  clerk  of  the  municipal  court  in  the 
district  in  which  the  mortgagor  resides.  Each  place  of  holding 
court  in  the  city,  or  a  considerable  number  of  such  places,  should 
be  designated  by  the  chief  justice  for  the  purpose  of  taking  these 
acknowledgments  and  making  the  entries,  so  as  to  accommodate 
the  public  as  much  as  possible. 

Tenth:  It  is  desirable  that  the  proceedings  of  the  court  each 
day  in  civil  cases,  with  information  as  to  the  cases  subject  to 
trial  the  succeeding  day,  should  be  published.  The  minutes 
of  the  proceedings  with  the  other  information  to  be  published 
should  be  prepared  in  the  clerk 's  office  by  deputy  clerks  assigned 
to  that  duty,  and  should  be  furnished  to  the  press  upon  such 
terms  as  will  cover  the  cost  of  the  work.  This  course  will  save 
the  annoyance  of  having  persons  not  deputy  clerks  working  in 
the  clerk's  office,  insure  accuracy  in  the  reports  and  greatly 
lessen  the  expense  to  those  w^ho  publish  the  news  respecting  the 
courts. 

It  is  not  necessary  to  point  out  all  that  may  be  accomplished 
in  the  administration  of  the  clerk's  office.  It  is  sufficient  to  say 
that  whatever  arrangements  or  methods  will  tend  to  expedite 
the  transaction  of  business  and  render  less  difficult  for  lawyers 
the  work  of  instituting  and  prosecuting  or  defending  suits, 
as  well  as  save  expense  and  trouble  to  parties  and  witnesses,  and 
reduce  the  cost  to  the  tax  payer  of  maintaining  the  court,  can 
and  should  be  adopted.  The  chief  justice  and  the  associate 
judges  are  practically  as  unrestrained  with  respect  to  changes 
and  improvements,  as  would  be  a  corporation  or  an  individual 
conducting  a  purely  private  commercial  enterprise. 


CHAPTER  V. 
THE  BAILIFF. 

The  bailiff  occupies  with  respect  to  th-e  municipal  court  the 
position  occupied  by  the  sheriff  with  respect  to  the  circuit  court. 
But  while  the  sheriff  is,  to  a  large  extent  independent  and  the 
court  has  no  express  power  to  adopt  rules  and  regulations  re- 
specting the  management  of  his  office,  the  bailiff  is  completely 
under  the  control  of  the  majority  of  the  judges  of  the  municipal 
court.  By  the  terms  of  section  16,  until  otherwise  provided  by 
rules  which  a  majority  of  the  judges  may  adopt,  the  powers, 
duties  and  liabilities  of  the  bailiff  are  to  be  the  same,  as  near  as 
may  be,  as  those  prescribed  by  law  for  sheriffs  with  respect  to 
attendance  upon  and  service  and  execution  of  the  process  and 
obedience  to  the  lawful  orders  and  directions  of  a  circuit  court. 
What  his  powers,  duties  and  liabilities  shall  be,  therefore,  will  be 
determined  by  such  rules  and  regulations  as  the  judges  may 
adopt. 

In  the  management  of  the  business  of  his  office  the  same  busi- 
ness principles  should  prevail  as  in  the  management  of  the 
clerk's  office.  Business  should  be  attended  to  with  diligence 
and  promptness.  To  that  end  great  care  should  be  exercised 
in  the  selection  of  deputies.  As  already  indicated,  they  should 
be  selected  by  competitive  examination  in  the  manner  provided 
by  the  civil  service  law.  One  of  the  complaints  with  respect  to 
the  justice  of  the  peace  system  is  that  constables  do  not  act  as 
impartial  officers  of  the  law,  but  as  agents  of  plaintiffs  in  the 
collection  of  debts  and  that  they  resort  to  sharp  practices  and 
oppression  in  the  execution  of  process  and  thereby  sometimes 
succeed  in  collecting  debts  out  of  exempt  property  and,  in  other 
cases,  cause  unnecessary  and  unreasonable  costs  to  judgment 
debtors.  This  should  not  be  permitted  in  the  municipal  court. 
No  person  should  receive  an  appointment  as  deputy  bailiff  who 
is  not  a  person  of  good  character,  of  good  habits,  and  in  every 

544 


THE  BAILIFF.  545 

way  capable  of  properly  discharging  the  duties  of  the  position. 
Any  act  of  oppression  on  his  part  should  be  punished  by  his 
promiDt  removal  from  office. 

As  in  the  management  of  the  clerk's  office,  so  in  the  manage- 
ment of  the  bailiff's  office,  the  chief  justice  and  the  associate 
judges  are  practically  unrestrained  and  may  cause  it  to  be  eon- 
ducted  with  the  same  regard  to  sound  business  principles  as 
could  be  any  private  enterprise. 


35 


CHAPTER  VI. 
A  BUREAU  OF  JUSTICE. 

Section  5  of  Chapter  33  of  the  Revised  Statutes  of  this  State 
(Hurd  s  R.  S.  of  1905,  p.  555)  provides  as  follows: 

' '  If  any  court  shall  before  or  after  the  commencement  of  any 
suit  be  satisfied  that  the  plaintiff  is  a  poor  person  and  unable 
to  prosecute  his  suit  and  pay  the  costs  and  expenses  thereof, 
the  court  may,  in  its  discretion,  permit  him  to  commence  and 
prosecute  his  action,  as  a  poor  person;  and  thereupon  such  per- 
son shall  have  all  the  necessary  writs,  process  and  proceedings, 
as  in  other  cases,  without  fees  or  charge.  The  court  may  assign 
to  such  person  counsel,  who,  as  well  as  all  other  ofiScei's  of  the 
court  shall  perform  their  duties  in  such  suit  without  any  fees, 
charge  or  reward.  If  judgment  be  entered  for  the  plaintiff, 
there  shall  be  judgment  for  his  costs;  which  costs  shall  be  col- 
lected for  the  use  of  the  said  officers." 

This  statute  has  been  in  force  for  over  sixty  years.  Rules 
of  court  in  Cook  county,  framed  to  give  it  effect,  make  pro- 
vision for  allowing  poor  pei'sons  to  commence  suit  without 
paying  costs  in  advance.  In  the  circuit  court  there  is  a  very 
briefly  worded  rule  which  requires  the  poor  person  to  appear 
personally,  if  practicable,  but  if  not,  to  make  an  affidavit  show- 
ing incapacity  and  such  other  facts  as  will  entitle  the  applicant 
to  commence  suit  as  a  poor  person,  and  also  requires  the  person 
to  agree  to  pay  the  costs  out  of  the  first  money,  if  any,  recovered. 

In  the  superior  court  there  is  a  rule  known  as  ' '  Rule  28. ' '  It 
contains  about  nine  hundred  words  descriptive  of  the  process  by 
which  a  poor  person  may  obtain,  in  that  court,  the  privilege  of 
commencing  a  suit  without  an  advance  payment  of  costs  which 
amount  to  about  $12.  The  process  consists  of  a  personal  in- 
vestigation by  a  lawyer  to  satisfy  liimself  that  the  person  is  a 
pauper,  in  the  preparation  and  presentation  of  an  affidavit  of  the 
poor  person  showing  a  good  cause  of  action  and  absolute  inabil- 
ity, to  procure  the  money  to  pay  the  advance  costs,  a  personal 

546 


A  BUREAU   OF   JUSTICE.  547 

appearance  before  the  court,  except  in  case  of  physical  incapac- 
ity, an  afSdavit  of  the  lawyer  of  his  belief  that  the  case  is  meri- 
torious and  that  there  is  evidence  to  prove  it,  and  making  other 
allegations  which  need  not  be  mentioned.  If  the  lawyer  has  not 
personally  known  the  poor  person  for  a  year  or  more,  there  must 
also  be  procured  an  affidavit  of  a  reputable  citizen  of  some 
standing  (known  to  and  represented  as  such  to  the  court  by  the 
lawyer) ,  stating  that,  from  personal  investigation,  he  believes  the 
person  proposing  to  bring  suit  is  poor,  has  no  money  or  property 
of  any  kind  and  is  honest.  The  presentation  of  these  affidavits, 
and  certain  other  formalities,  will  obtain  for  the  poor  person  the 
privilege  of  bringing  suit  without  any  advance  payment  of  costs. 
The  Municipal  Court  Act  makes  the  following  provisions  for 
the  cases  of  poor  persons: 

First:  By  section  56,  which  deals  with  the  matter  of  costs, 
it  provides  as  follows :  "In  any  case  included  within  the  terms 
of  this  section  the  court  may,  in  its  discretion,  order  that  an  ad- 
vance payment  of  costs  may  be  waived  in  favor  of  any  poor 
person  whose  financial  circumstances,  as  made  to  appear  to  the 
court,  are  such  that  such  advance  payment  would  be  unduly 
burdensome  or  oppressive." 

Second:  Section  15  contains  the  following  provision:  "It 
shall  be  the  duty  of  deputy  clerks  to  render  to  parties  to  suits 
in  cases  of  the  fourth  class,  and  in  eases  of  the  fifth  class  men- 
tioned in  Section  2  of  this  Act,  such  assistance,  and  give  them 
such  information,  as  may  enable  them  to  properly  commence 
suits  or  to  enter  their  appearance  when  sued,  which  duty  shall 
be  regulated  and  defined  by  instructions  to  be  prepared  by  the 
chief  justice." 

Third:  By  section  15  unlimited  power  is  given  to  the 
judges  of  the  municipal  court  to  provide  for  the  appointment 
and  fix  the  salaries  of  as  many  deputy  clerks  as  they  may  deem 
necessary,  the  maximum  salary  permissible,  however,  being 
$1,800. 

Fourth:  Section  8  of  the  act  declares  that  the  judges 
"shall  have  power,  and  it  shall  be  their  duty  to  adopt  or  cause  to 
be  adopted,  all  such  rules  and  regulations  for  the  proper  admin- 
istration of  justice  in  said  court  as  to  them  may  seem  expedient." 


548  PRACTICE    IN    THE    MUNICIPAL    COURT. 

The  question  arises  how  should  these  extensive  powers  be 
used  to  give  effect,  with  respect  to  every  poor  person,  to  the 
constitutional  provision  that  "he  ought  to  obtain  by  law  right 
and  justice  freely  and  without  being  obliged  to  purchase  it, 
completely  and  without  denial,  promptly  and  without  delay," 
as  well  as  to  make  effective  the  statute  above  quoted  which  per- 
mits the  court  not  only  to  dispense  with  the  payment  by  the 
poor  person  of  costs,  but  also  to  assign  him  counsel  who  shall 
perform  his  duty  "without  any  fees,  charge  or  reward?" 

In  the  opinion  of  the  author  this  duty  may  properly  be  ful- 
filled by  the  judges  by  their  establishing  and  conducting,  under 
the  supervision  of  the  court,  either  independently  or  in  coopera- 
tion with  some  existing  organization,  a  bureau  to  be  known  as  a 
Bureau  of  Justice,  the  duties  of  which  shall  be,  first,  to  investi- 
gate claims  of  poor  people  who  may  be  unable  to  secure  the 
services  of  competent  lawyers,  and  whose  financial  circumstances 
are  such  that  the  advance  payment  of  costs  would  be  unduly 
burdensome  or  oppressive  to  them ;  second,  to  assist  in  the  prose- 
cution of  all  such  claims  as,  upon  examination,  seem  to  be  meri- 
torious; third,  to  investigate  cases  of  poor  persons  charged  with 
criminal  offenses  and  to  secure  to  such  persons  fair  and  im- 
partial trials,  and  fourth,  generally  to  aid  in  securing  justice 
for  all  persons,  who,  because  of  their  financial  circumstances  or 
otherwise,   are   unable   to   protect  themselves. 

To  this  bureau  there  may  be  assigned  a  sufficient  number  of 
competent  deputy  clerks,  some  of  whom  should  be  lawyei*s,  to  do 
this  work.  The  extent  to  which  this  bureau  should  be  employed 
in  the  investigation  and  prosecution  of  such  claims  would  be  a 
matter  within  the  sound  discretion  of  the  judges.  The  work 
should  not  be  unduly  restricted  nor  should  it  be  extended  to 
cases  in  which  the  parties,  however  poor,  will  be  able  to  readily 
secure  the  services  of  competent  lawyers. 

The  good  which  a  bureau  of  this  character  might  accomplish  is 
incalculable.  Knowledge  spread  generally  among  the  people 
that  there  was  such  a  bureau  and  that  there  was  no  person  so 
poor  but  that  with  its  aid,  he  might  obtain  ample  redress  for  an 
injury,  or  payment  of  a  debt  due  him,  would  without  doubt 
have  a  very  beneficial  effect  upon  the  entire  community.  Espe- 
cially would  this  be  true,  if  the  business  of  the  bureau  was  con- 


A   BUREAU    OF    JUSTICE.  549 

ducted  with  diligence  and  attention  on  the  part  of  those  to 
whom  the  work  was  entrusted. 

This  bureau  would  also  be  a  great  aid  to  the  court  in  criminal 
and  quasi  criminal  cases.  It  could  be  used  to  secure  proper  de- 
fences to  those  against  whom  criminal  or  quasi  criminal  com- 
plaints were  filed,  and  who  were  too  poor  to  employ  attorneys. 
The  bureau  would  lessen  the  labor  of  the  judges  in  that  class  of 
cases,  and  do  much  to  lessen  the  injustice  which .  oftentimes 
attends  the  administration  of  the  criminal  law. 

While  a  bureau  of  this  kind  would  involve  some  expense  on 
the  part  of  the  city,  the  ultimate  saving  of  expense  would  more 
than  counterbalance  its  cost.  It  would,  to  some  extent,  deter 
people  from  refusing  to  settle  just  claims,  and  it  would  have  a 
tendency  to  diminish  litigation  and  decrease  the  labor  of  the 
court  and  the  cost  of  maintaining  it.  In  many  cases,  just 
claims  would  be  settled  without  suit,  and  in  other  cases  the 
parties  would  be  prevented  from  prosecuting  unmeritorious 
claims.  The  bureau  would  not  be  one  for  the  indiscriminate 
prosecution  of  all  claims  presented,  but  for  the  investigation  of 
claims  and  the  prosecution  of  those  only  which  appeared  to  be 
meritorious,  and  with  respect  to  which  no  settlement  could  be 
obtained. 

The  municipal  court  is  the  people's  court.  The  business  of  its 
judges  is  not  to  act  merely  as  umpires  in  contests  of  skill  be- 
tween lawyers,  but  it  is  to  administer  justice  to  all  persons  who 
are  brought  within  its  jurisdiction,  whether  they  be  rich  or  poor, 
strong  or  weak,  and  whether  their  cases  be  civil  or  criminal.  If, 
through  a  negligent  discharge  of  their  duties,  or  because  of  un- 
founded doubts  of  their  powers,  they  do  not  furnish  to  every 
poor  person  an  opportunity  to  obtain  speedy  justice  in  any  case 
within  the  jurisdiction  of  the  court,  they  will  fail  to  accomplish 
the  most  important  purpose  of  the  framers  of  the  Municipal 
Court  Act. 


APPENDIX. 

SENATE  BILL  NO.  FORTY-FIVE  AND  HOUSE  BILL  NO. 
NINETY-EIGHT. 

A  BILL  FOR 

An  act  in  relation  to  municipal  courts  in  the  City  of  Chicago. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois represented  in  the  General  Assembly:  That  there  shall  be 
established  in  and  for  the  City  of  Chicago  one  municipal  court 
which  shall  be  styled  "The  Common  Pleas  Court  of  Chicago," 
and  which  will  be  hereinafter  designated  as  the  Common  Pleas 
Court,  and  additional  municipal  courts,  which,  until  otherwise 
provided,  shall  be  five  in  number  and  shall  be  styled,  respectively, 
"The  First  City  Court  of  Chicago,"  "The  Second  City  Court  of 
Chicago,"  "The  Third  City  Court  of  Cliicago,"  "The  Fourth 
City  Court  of  Chicago"  and  "The  Fifth  City  Court  of  Chicago," 
and  which  will  be  hereinafter  designated  as  City  courts. 

Section  2.  That  the  Common  Pleas  Court  shall  have  originai 
jurisdiction  within  the  City  of  Chicago,  in  the  following  cases: 

First.  All  civil  and  criminal  cases  and  proceeding's  of  evei'y 
kind  and  character,  other  than  suits  in  equity. 

Secand.  All  suits  in  equity  which  may  be  transferred  to  it, 
by  change  of  venue  or  othenvise,  by  the  Circuit  Court  of  Cook 
County,  or  by  the  Superior  Court  of  Cook  County,  for  trial  and 
disposition. 

Section  3.  That  the  City  Courts  shall  have  jurisdiction,  with- 
in the  City  of  Cliicago,  in  the  following  cases: 

First.  All  those  classes  of  suits  and  proceedings,  whether  civil 
or  criminal,  of  which  justices  of  the  peace  are  now  given  juris- 
diction by  law,  in  all  of  which  classes  of  suits  and  proceedings 
said  City  courts  shall  have  jurisdiction  excepting  when  the 
amount  sought  to  be  recovered,  whether  by  way  of  damages, 
penalty,  fine  or  otherwise,  if  the  suit  or  proceeding  be  for  the  re- 
covery of  money  only,  or  the  value  of  the  personal  property 
claimed,  if  the  suit  or  proceeding  be  brought  for  the  recovery 
of  personal  property,  exceeds  Five  Hundred  Dollare   ($500)  ; 

550 


APPENDIX.  551 

provided,  however,  that  in  any  action  upon  a  bond,  the  amount 
sought  to  be  recovered  thereon  and  not  the  penalty  of  the  bond 
shall  determine  the  jurisdiction,  and  that  when  payments  are  to 
be  made  by  installments,  an  action  may  be  brought  in  a  City 
court  for  any  installment  not  exceeding  Five  Hundred  Dollars 
($500)  as  it  becomes  due. 

Second.  All  other  suits  at  law,  for  the  recovery  of  money 
only,  when  the  amount  claimed  does  not  exceed  Five  Hundred 
Dollars  ($500). 

Section  4.  That  the  Common  Pleas  Court  shall  be  held  at 
such  place  or  places  in  said  city  as  may  be  provided  for  that  pur- 
pose by  the  corporate  authorities  thereof,  or  by  the  County  of 
Cook.  The  City  courts  shall  be  held  at  such  place  or  places  as 
may  be  provided  by  the  corporate  authorities  of  said  city,  at  the 
expense  of  the  city,  within  the  respective  territorial  limits  with- 
in which  they  are  to  be  located  and  exercise  their  jurisdiction, 
which  territorial  limits  shall,  until  otherwise  provided,  be  re- 
spectively as  follows: 

For  the  First  City  Court  of  Chicago  the  territory  bounded  on 
the  East  by  Lake  Michigan,  on  the  North  by  the  city  limits,  on 
the  West  by  the  center  line  of  Western  avenue  from  the  city 
limits  on  the  North  to  the  center  line  of  Fifty-fifth  street, 
thence  on  the  South  by  the  center  line  of  Fifty-fifth  street  to 
the  center  line  of  State  street,  thence  on  the  West  by  the  center 
line  of  State  street  to  the  center  line  of  Sixty -third  street,  thence 
on  the  South  by  the  center  line  of  Sixty-third  street  to  the  cen- 
ter line  of  Cottage  Grove  avenue,  thence  on  the  West  by  the 
center  line  of  Cottage  Grove  avenue  to  the  center  line  of  Seventy- 
first  street,  and  thence  on  the  South  by  the  center  line  of 
Seventy-first  street  to  Lake  Michigan,  which  shall  be  known  as 
the  First  District. 

For  the  Second  City  Court  of  Chicago  the  territory  bounded 
on  the  South  by  the  city  limits,  on  the  East  by  Lake  Michigan, 
on  the  North  by  the  center  line  of  Seventy-fii-st  street,  and  on 
the  West  by  the  center  line  of  Cottage  Grove  avenue,  which  shall 
be  known  as  the  Second  District. 

For  the  Third  City  Court  of  Chicago  the  territory  bounded  on 
the  West  and  South  by  the  city  limits,  on  the  East  bj'  the  center 


552  PRACTICE   IN    THE   MUNICIPAL   COURT. 

line  of  Cottage  Grove  avenue  from  the  city  limits  on  the  South 
to  the  center  line  of  Sixty-Third  street,  thence  on  the  North  by 
the  center  line  of  Sixty-third  street  to  the  center  line  of  State 
street,  thence  on  the  East  by  the  center  line  of  State  street  to  the 
center  line  of  Fifty-fifth  street,  thence  on  the  North  by  the  cen- 
ter line  of  Fifty-fifth  street  to  the  city  limits  on  the  "West,  which 
shall  be  known  as  the  Third  District. 

For  the  Fourth  City  Court  of  Chicago  the  territory  bounded 
on  the  South  by  the  center  line  of  Fifty-fifth  street,  on  the  East 
by  the  center  line  of  Westera  avenue,  on  the  North  by  the  cen- 
ter line  of  Lake  street  and  on  the  West  by  the  city  limits,  which 
shall  be  known  as  the  Fourth  District. 

For  the  Fifth  City  Court  of  Chicago  the  territory  bounded  on 
the  South  by  the  center  line  of  Lake  street,  on  the  East  by  the 
center  line  of  Western  avenue,  and  on  the  North  and  West  by  the 
city  limits,  which  shall  be  known  as  the  Fifth  District. 

If  no  place  shall  be  provided  by  the  corporate  authorities  of 
said  city  or  by  the  County  of  Cook  for  the  holding  of  the  Com- 
mon Pleas  Court  or  any  branch  thereof  or  of  any  City  court  or 
branch  thereof,  or  if  the  place  so  provided  become  unfit,  said 
Common  Pleas  Court  or  branch  thereof,  or  said  City  court  or 
branch  thereof,  may,  by  an  order  signed  by  a  majority  of  the 
judges  of  the  Common  Pleas  Court  and  entered  of  record  in  said 
Common  Pleas  Court  or  branch  thereof,  or  in  said  City  court  or 
branch  thereof,  adjourn  to  or  convene  at  a  suitable  place  for 
holding  said  court  or  branch  thereof  procured  for  that  purpose 
by  said  judges,  within  the  district  in  which  it  is  located,  and  at 
such  place  may  hold  said  court  until  a  suitable  place  therefor  be 
furnished  by  such  corporate  authorities.  The  expense  of  procur- 
ing such  place  to  which  said  court  is  adjourned  or  at  which  it  is 
convened  shall  be  paid  by  the  city.  The  number  of  the  City 
courts  may  be  increased  or  diminished,  and  the  boundaries  of 
the  districts  may  be  changed,  from  time  to  time,  by  orders  signed 
by  a  majority  of  the  judges  of  the  Common  Pleas  Court  and 
spread  upon  the  records  thereof,  which  orders  shal  be  published 
for  three  successive  weelvs,  once  in  each  week,  in  some  newspaper 
of  general  circulation  in  the  Cfty  of  Chicago,  and  shall  take 
effect  respectively  within  thirty  days  after  the  last  publication 
thereof;  provided,  however,  no  such  change  in  the  number  of 


APPENDIX.  553 

boundaries  of  districts  shall  become  effective  unless  the  order 
therefor  shall  have  been  approved  by  the  City  Council  of  the 
City  of  Chicago. 

Section  5.  That  said  respective  courts  shall  have  seals  and 
may  from  time  to  time  as  may  be  necessary  renew  the  same.  The 
expense  of  said  seals  and  renewing  the  same  shall  be  paid  by  the 
City  of  Chicago. 

Section  6.  That  all  blanks,  books,  papers,  stationery  and  fur- 
niture necessary  to  the  keeping  of  the  records  of  the  proceed- 
ings of  such  Common  Pleas  Court  and  said  City  courts,  and  the 
transaction  of  the  business  thereof,  shall  be  furnished  the  offi- 
cers of  such  courts  at  the  expense  of  the  city. 

Section  7.  That  said  Common  Pleas  Court  shall  consist  of 
twenty-five  (25)  judges,  one  of  whom  shall  be  chief  justice  and 
the  remaining  twenty-four  (24)  of  whom  shall  be  associate 
judges,  and  all  of  said  judges  shall  be  ex-officio  judges  of  the 
City  courts.  Said  Common  Pleas  Court  and  said  City  courts 
may  be  divided,  from  time  to  time,  into  as  many  branches  as  may 
be  deemed  necessary  for  the  prompt  and  proper  disposition  of 
the  business  of  said  respective  courts  and  as  may  be  determined 
by  the  chief  justice.  Each  branch  shall  be  presided  over  by  a 
single  judge.  The  chief  justice,  in  addition  to  the  exercise  of 
all  the  other  powers  of  a  judge  of  said  courts,  shall  have  the  gen- 
eral superintendence  of  the  business  of  all  of  said  courts;  he 
shall  preside  at  all  meetings  of  the  judges,  and  he  shall  assign 
the  associate  judges  to  duty  in  the  branches  of  said  courts,  from 
time  to  time,  as  he  may  deem  necessary  for  the  prompt  disposi- 
tion of  the  business  thereof,  and  it  shall  be  the  duty  of  each 
associate  judge  to  attend  and  serve  at  any  branch  of  either  of 
said  courts  to  which  he  may  be  so  assigned.  The  chief  justice 
shall  also  superintend  the  preparation  of  the  calendars  of 
cases  for  trial  in  the  respective  courts  and  shall  make  such  classi- 
fication and  distribution  of  the  same  upon  different  calendars  as 
he  shall  deem  proper  and  expedient.  Each  associate  judge  shall 
at  the  commencement  of  each  month  make  to  the  chief  justice 
under  his  official  oath  a  report  in  writing  of  the  duties  per- 
formed by  him  during  the  preceding  month,  which  report  shall 


554  PRACTICE    IN    THE    MUNICIPAL    COURT, 

Specify  the  number  of  days'  attendance  in  court  of  such  judge 
during  such  month,  and  the  courts  upon  which  he  has  attended, 
and  the  number  of  hours  per  day  of  such  attendance,  for  which 
the  chief  justice  shall  cause  suitable  blanks  to  be  prepared  and 
furnished  to  the  associate  judges.  The  chief  justice  must  give 
his  attention  faithfully  to  the  discharge  of  the  duties  especially 
pertaining  to  his  office  and  to  the  performance  of  such  addi- 
tional judicial  work  as  he  may  be  able  to  perform.  Each  asso- 
ciate judge  must  perform  his  share  of  the  labors  and  duties  ap- 
pertaining to  the  office.  At  least  one  associate  judge  must  be  in 
attendance  in  the  Common  Pleas  Court  and  in  each  City  court 
six  hours  of  each  day,  except  Sunday,  a  public  holiday,  or  a 
day  upon  which  the  inhabitants  of  the  City  of  Chicago  generally 
refrain  from  business,  and  such  other  days  for  vacations,  not  ex- 
ceeding thirty-six  (36)  in  number  to  any  judge  in  any  year,  as 
may  be  fixed  and  specified  by  rule  of  court  or  by  the  chief  jus- 
tice, and  each  associate  judge,  while  in  the  court  room  or  in 
ehambei^,  and  not  actually  engaged  in  the  performance  of  other 
official  duties,  must  act  upon  any  application  for  his  official 
action,  properly  made  to  him.  One  branch  of  the  First  Citj'' 
Court  of  Chicago  shall  be  kept  open,  and  at  least  one  judge  as- 
signed for  that  purpose  by  the  chief  justice,  shall  be  in  attend- 
ance thereat,  each  day  excepting  Sunday  or  a  public  holiday 
from  nine  o'clock  a.  m.  until  ten  o'clock  p.  m.,  excepting  one 
hour's  intermission,  for  the  transaction  of  such  business  as  may 
come  before  it.  It  shall  be  the  duty  of  the  chief  justice  and  the 
associate  judges  to  meet  together  at  least  once  in  each  month, 
excepting  the  month  of  August,  in  each  year,  at  such  hour  and 
place  as  may  be  designated  by  the  chief  justice,  and  at  such 
other  times  as  may  be  required  by  the  chief  justice,  for  the  con- 
sideration of  such  matters  pertaining  to  the  administration  of 
justice  in  said  Common  Pleas  Court  and  in  said  City  courts  as 
may  be  brought  before  them.  At  such  meetings  they  shall  re- 
ceive and  investigate,  or  cause  to  be  investigated,  all  complaints 
presented  to  them  pertaining  to  the  said  courts  and  to  the  offi- 
cers thereof,  and  shall  take  such  steps  as  they  may  deem  neces- 
sary or  proper  with  respect  thereto,  and  they  shall  have  power 
and  it  shall  be  their  duty  to  adopt  or  cause  to  be  adopted  all 
such  rules  and  regulations  for  the  proper  administration  of  jus- 


APPENDIX.  555 

tice  in  said  courts  as  to  them  may  seem  expedient.  The  salary 
of  the  chief  justice  shall  be  seven  thousand  five  hundred  dollars 
($7,500)  per  annum,  and  the  salary  of  an  associate  judge  shall  be 
six  thousand  dollars  ($6,000)  per  annum,  payable  in  monthly  in- 
stallments out  of  the  city  treasury. 

Section  8.  That  the  chief  justice  and  the  associate  judges  of 
the  Common  Pleas  Court  shall  be  elected  on  the  first  Monday  of 
June,  A.  D.  1906,  and  shall  hold  their  offices  for  the  term  of 
three  years  and  until  their  successors  shall  be  elected  and  quali- 
fied, and  on  the  first  Monday  of  June,  A.  D.  1909,  and  on  the 
first  Monday  of  June  of  every  sixth  year  thereafter  there  shall 
be  elected  a  chief  justice  and  such  number  of  associate  judges  of 
said  Common  Pleas  Court  as  may,  from  time  to  time,  constitute 
the  full  number  of  associate  judges  of  said  Common  Pleas  Court, 
who  shall  hold  their  respective  offices  for  the  term  of  six  years 
and  until  their  respective  successors  shall  be  elected  and  quali- 
fied. The  judges  so  required  to  be  elected  shall  enter  upon  the 
discharge  of  th'eir  duties  on  the  first  Monday  of  July  following 
their  election.  Vacancies  in  the  office  of  chief  justice  or  asso- 
ciate judge  of  the  Common  Pleas  Court  shall  be  filled  by  election 
at  the  regular  municipal,  judicial  or  other  general  election  which 
shall  occur  next  after  a  period  of  thirty  days  from  the  time  such 
vacancies  respectively  occur,  but  where  the  unexpired  term  does 
not  exceed  one  year  the  vacancy  shall  be  filled  by  appointment 
by  the  Governor.  Whenever  a  vacancy  occurs  in  the  office  of 
chief  justice  or  whenever  the  chief  justice  shall  be  absent  from 
the  City  of  Chicago,  or  incapacitated  from  acting,  the  associate 
judges  shall  select  one  of  their  number  to  act  as  chief  justice 
until  such  vacancy  shall  be  filled  by  election  or  appointment  as 
above  provided  for,  or  until  the  return  of  the  chief  justice  or 
until  his  incapacity  ceases. 

Section  9.  That  no  person  shall  be  eligible  to  the  office  of 
chief  justice  or  of  associate  judge  of  the  Common  Pleas  Court 
unless  he  shall  be  at  least  thirty  years  of  age  and  a  citizen  of  the 
United  States  nor  unless  he  shall  have  resided  in  the  County  of 
Cook  and  been  there  engaged  either  in  active  practice  as  an  at- 
torney and  counsellor  at  law  or  in  the  discharge  of  the  duties  of 
a  judicial  office,  five  years  next  preceding  his  election,  or  in  one 


556  PRACTICE   IN    THE    MUNICIPAL    COURT. 

of  said  occupations  during  a  portion  of  said  time  and  in  the 
other  the  remaining  portion  thereof,  and  shall,  at  the  time  of 
his  election,  be  a  resident  of  the  City  of  Chicago.  Nor  shall  any 
person  be  eligible  to  the  office  of  chief  justice  or  associate  judge 
of  the  Common  Pleas  Court,  who  shall  have  contributed  or  ex- 
pended, directly  or  indirecty,  or  who  shall  have  agreed  to  con- 
tribute or  expend  directly  or  indirectly,  any  money  or  property 
whatever  for  the  purpose  of  furthering  either  his  nomination  as 
a  candidate  for  said  office  or  his  election  thereto,  or  the  nomina- 
tion or  election  of  any  other  candidate  for  office  at  such  election. 

Section  10.  That  every  chief  justice  and  associate  judge  of 
such  Common  Pleas  Court  before  he  enters  upon  the  duties  of  his 
office  shall  take  and  subscribe  the  following  oath  or  affirmation : 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will 
support  the  Constitution  of  the  United  States  and  the  Constitu- 
tion of  the  State  of  Illinois,  and  that  I  will  faithfully  discharge 
the  duties  of  the  office  of  chief  justice  (or  associate  judge)  of  the 
Common  Pleas  Court  of  Chicago  according  to  the  best  of  my 
ability. 

Said  oath  shall  be  filed  in  the  office  of  the  Secretary  of  State. 

Section  11.  That  whenever  two-thirds  in  number  of  the 
judges  of  the  Common  Pleas  Court  shall  transmit  to  the  City 
Council  of  the  City  of  Chicago  a  certificate  signed  by  them  that 
in  the  opinion  of  said  judges  the  business  of  said  Common  Pleas 
Court  and  of  said  City  Courts  is  such  as  to  require  an  increase  in 
the  number  of  associate  judges  of  said  Common  Pleas  Court,  said 
City  Council  may,  by  ordinance,  provide  for  an  incerase  of  not 
more  than  six  in  the  number  of  said  judges,  who  shall  be  elected 
at  the  next  ensuing  municipal,  judicial  or  general  election  in  said 
city.  The  judges  elected  in  accordance  with  such  ordinance 
shall  hold  their  offices  until  the  next  ensuing  regular  election  of 
judges  of  said  Common  Pleas  Court  and  until  their  successors 
shall  be  elected  and  qualified,  and  at  such  next  ensuing  regular 
election  of  judges  of  said  Common  Pleas  Court  and  every  six 
years  thereafter,  there  shall  be  elected  the  additional  number  of 
judges  provided  by  said  ordinance,  as  successors  in  office  of  said 
additional  judges.     But  after  such  increase  in  the  number  of 


APPENDIX.  557 

judges  is  once  so  made  by  ordinance,  no  subsequent  increase 
thereof  shall  be  made  by  the  City   Council. 

Section  12.  That  the  judges  of  said  Common  Pleas  Court 
may  interchange  with  judges  of  the  Circuit  Courts  and  judges 
of  the  Superior  Court  of  Cook  County  and  with  judges  of  other 
city  courts,  and  said  respective  judges  may  hold  court  for  each 
other  and  perform  each  other's  duties  when  they  find  it  neces- 
sary or  convenient,  and  it  shall  be  the  duty  of  the  judges  of  said 
Common  Pleas  Court  to  hold  branches  of  the  Circuit  and  Supe- 
rior Courts  of  Cook  County,  and  the  duty  of  the  judges  of  the 
Circuit  and  Superior  Courts  of  Cook  County  to  hold  branches  of 
said  Common  Pleas  Court,  and  of  said  City  Courts,  whenever  the 
condition  of  the  business  of  said  respective  courts,  and  the  prop- 
er administration  of  justice  therein,  may  render  it  expedient  for 
them  to  do  so.  Any  judge  of  the  Common  Pleas  Court  may,  at 
the  request  of  the  chief  justice  of  the  Circuit  Court  of  Cook 
County,  or  of  the  chief  justice  of  the  Superior  Court  of  Cook 
County,  be  assigned  by  the  chief  justice  of  the  Common  Pleas 
Court  to  duty  in  said  Circuit  or  Superior  Court  whenever  in  the 
opinion  of  such  last  mentioned  chief  justice  the  condition  of  the 
business  of  sai(i  respective  courts  may  render  such  assignment 
proper  and  expedient. 

Section  13.  That  there  shall  be  a  clerk  of  said  Common  Pleas 
Court,  who  shall  be  appointed  by  and  hold  his  office  during  the 
pleasure  of  a  majority  of  the  judges  of  said  court.  He  shall  be 
ex  officio  clerk  of  each  City  Court.  He  shall  perform  with  re- 
spect to  said  Common  Pleas  Court,  City  Courts  and  the  resepect- 
ive  branches  thereof,  the  duties  usually  performed  by  clerks  of 
courts  of  record.  He  shall  give  his  personal  attention  to  the 
performance  of  the  duties  of  his  office.  The  clerk 's  offices  of  the 
Common  Pleas  Court  and  of  the  City  Courts  shall  be  kept  open 
for  the  transaction  of  business  from  eight  o'clock  a.  m.  to  six 
o'clock  p.  m.  of  each  working  day  during  the  year.  Until  other- 
wise provided  by  the  rules  which  may  be  adopted  under  the  pro- 
visions of  this  act,  the  powers,  duties  and  liabilities,  the  oath  of 
office  and  the  bond  and  conditions  thereof  of  such  clerk  shall  be 
the  same,  as  near  as  may  be,  as  those  prescribed  by  law  for  clerks 
of  courts  by  the  act  entitled  "An  Act  to  revise  the  law  in  re- 


558  PRACTICE    IN    THE    MUNICIPAL    COURT. 

lation  to  clerks  of  courts,"  approved  March  25,  T874,  and  m 
force  July  1,  1874.  His  salaiy  shall  be  five  thousand  dollars 
($5,000)  per  annum  and  shall  be  paid  in  monthly  installments 
out  of  the  city  treasuiy. 

Section  14.  That  said  clerk  shall  appoint  such  number  of  dep- 
uties as  may  be  determined,  from  time  to  time,  by  a  majority  of 
the  judg-es  of  the  Common  Peas  Court  by  orders  signed  by  them 
and  spread  upon  the  records  of  said  court.     The  salaries  of  dep- 
uty clerks  shall  be  fixed,  from  time  to  time,  by  orders  signed  by 
a  majority  of  the  judges  of  the  Common  Pleas  Court  and  spread 
upon  the  record  of  the  court,  and  shall  be  payable  out  of  the  city 
treasury  in  monthly  installments,  provided,  however,  that  the 
salary  of  no  deputy  clerk  shall  exceed  fifteen  hundred  dollars 
($1,500)  per  annum.     Such  number  of  deputy  clerks  so  appoint- 
ed as  the  judges  may  deem  necessary  shall  be  competent  short- 
hand reporters,  capable  of  correctly  taking  down  stenographical- 
ly  and  transcribing  the  proceedings  of  courts,  and  shall  perform 
such  duties  with  respect  to  attending  upon  and  taking  down 
stenographic  reports  of  the  proceedings  of  the  City  Courts  as 
may  be  required  by  the  judges  and  for  making  and  furnishing 
transcripts  of  their  stenographic  reports  aforesaid  deputy  clerks 
shall  be  allowed  to  make  such  reasonable  charge,  not  exceeding' 
fifteen  cents  per  each  one  hundred  words,  to  the  parties  to  whom 
such  transcripts  are  furnished,  as  may  be  determined  by  the 
judges,  and  the  judges  may  allow  said  deputy  clerks  to  retain,  as 
additional  compensation    for    their  services,    one-half    of   the 
charges  so  collected,  the  balance  of  such  charges  to  be  accounted 
for  by  such  deputy  clerks  in  the  same  manner  as  costs  collected 
by  them.     Such  deputy  clerks  shall  take  the  same  oath  or  affirma- 
tion required  of  the  clerk  of  said  Common  Pleas  Court  and  shall 
give  bonds  to  be  approved  by  the  chief  justice  of  said  court,  con- 
ditioned, as  near  as  may  be,  like  the  bond  required  of  the  clerk. 
Any  deputy  clerk  shall  be  subject  to  removal  at  any  time  by  an 
order  signed  by  a  majority  of  the  judges  of  the  Common  Pleas 
Court  and  spread  upon  the  records  of  said  court.     The  number 
of  deputy  clerks  may  be  reduced  at  any  time  by  an  order  signed 
by  a  majority  of  the  judges  of  said  Common  Pleas  Court  and 
spread  upon  the  records  of  said  court.     It  shall  be  the  duty  of 
deputy  clerks  to  render  to  parties  to  suits  such  assistance  and 


APPENDIX.  559 

give  them  siicli  information  as  may  enable  them  to  properly  com- 
mence suits  or  to  enter  their  appearance  when  sued  in  the  City 
Courts,  which  duty  shall  be  regulated  and  defined  by  instructions 
to  be  prepared  by  the  chief  justice.  The  selection  of  deputy 
clerlvs  shall  be  made  in  accordance  with  the  provisions  of  the  act 
entitled  "An  Act  to  regulate  the  civil  service  of  cities,"  ap- 
proved March  20,  1895. 

Section  15.     That  there  shall  be  a  bailiff  of   said    Common 
Pleas  Court,  who  shall  be  appointed  by  and  hold  his  office  daring 
the  pleasure  of  a  majority  of  the  judges  of  said  court.     He  shall 
be  ex  officio  bailiff  of  each  City  Court.    He  shall  perform  with 
respect  to  said  Common  Pleas  Court,  City  Courts  and  the  re- 
spective ^branches   thereof,    the    duties   usually    performed   by 
sheriffs  in  respect  to  attendance  upon,  and  service  and  execution 
of  the  process,  and  obedience  of  the  lawful  orders  and  directions 
of,  a  Circuit  Court.     He  shall  give  his  personal  attention  to  the 
performance  of  the  duties  of  his  office.     The  bailiff's  offices  of 
the  Common  Pleas  Court  and  of  the  City  Courts  shall  be  kept 
open  for  the  transaction  of  business  from  eight  o'clock  a.  m.  to 
six  o'clock  p.  m.  of  each  working  day  during  the  year.    Until 
otherwise  provided  by  the  rules  which  may  be  adopted  under 
the  provisions  of  this  act,  the  powers,  duties  and  liabilities,  the 
oath  of  office,  and  the  bond  and  conditions  thereof  of  such  bailiff 
shall  be  the  same,  as  near  as  may  be,  as  those  prescribed  by  law 
for  sheriffs  with  respect  to  attendance  upon,  and  service  and  ex- 
ecution of  t^e  process,  and  obedience  of  the  lawful  orders  and 
directions  of  a  Circuit  Court.     His  salary  shall  be  five  thousand 
dollars  ($5,000)   per  annum  and  shall  be  paid  in  monthly  in- 
stallments  out   of  the  city  treasury. 

Section  16.  That  said  bailiff  shall  appoint  such  number  of 
deputies  as  may  be  determined  from  time  to  time  by  a  majority 
of  the  judges  of  the  Common  Pleas  Court  by  orders  signed  by 
them  and  spread  upon  the  records  of  said  court.  The  salaries 
of  deputy  bailiffs  shall  be  fixed  from  time  to  time  by  orders 
signed  by  a  majority  of  the  judges  of  the  Common  Pleas  Court 
and  spread  upon  the  records  of  the  court  and  shall  be  payable 
out  of  the  city  treasury  in  monthly  installments,  provided,  how- 
ever, that  the  salary  of  no  deputy  bailiff  shall  exceed  twelve 


560  PRACTICE    IN    THE    MUNICIP.VL    COURT. 

hundred  dollars  ($1,200)  per  annum.  Such  deputy  bailiffs  shall 
take  the  same  oath  or  affirmation  required  of  the  bailiff  of  said 
Common  Peas  Court  and  shall  give  bonds  to  be  approved  by  the 
Chief  Justice  of  said  court  conditioned,  as  near  as  may  be,  like 
the  bond  required  of  the  bailiti'.  The  bailiff'  and  deputy  bailiffs 
of  the  Common  Pleas  Court  shall  be  ex  officio  police  officers  of 
the  City  of  Chicago.  Any  deputy  bailiff  shall  be  subject  to  re- 
moval at  any  time  by  an  order  signed  by  a  majority  of  the  judges 
of  the  Common  Pleas  Court  and  spread  upon  the  records  of  said 
court.  The  number  of  deputy  bailiffs  may  be  reduced  at  any 
time  by  an  order  signed  by  a  majority  of  the  judges  of  said 
Common  Pleas  Court  and  spread  upon  the  records  of  said  court. 
Every  police  officer  of  the  City  of  Chicago  shall  be  ex  officio  a 
deputy  bailiff'  of  the  Common  Pleas  Court,  and  shall  perform, 
from  time  to  time,  such  duties  in  respect  to  criminal  and  quasi 
criminal  cases,  including  cases  pertaining  to  alleged  violations  of 
city  ordinances,  pending  in  the  city  courts  as  may  be  required 
of  him  by  any  city  court  or  any  judge  thereof.  All  selections 
of  deputy  bailiffs  shall  be  made  in  accordance  with  the  pro- 
visions of  the  act  entitled  "An  act  to  regulate  the  civil  service 
of  cities,"  approved  March  20,  1895. 

Section  17.  That  neither  the  clerk  nor  the  bailiff  nor  any 
deputy  clerk  or  deputy  bailiff  of  said  Common  Pleas  Court  shall 
receive,  aside  from  his  salaiy  and  the  costs  by  this  act  required  to 
be  paid  to  him  in  his  official  capacity,  any  money,  property  or  other 
valuable  thing,  as  a  gratuity  or  otherwise,  for  the  performance 
of  any  duty  imposed  upon  him  by  virtue  of  his  office,  or  for  the 
performance  of  any  work  of  any  kind  or  character  in  any  man- 
ner connected  therewith,  nor  shall  any  judge,  or  the  clerk  or  the 
bailiff  or  any  deputy  clerk  or  deputy  bailiff  of  said  court,  solicit 
or  receive,  or  cause  to  be  solicited  or  received,  from  any  railroad 
corporation  or  other  commdn  carrier,  for  himself  or  for  any  other 
person,  any  free  pass  or  other  gift  of  value.  It  shall  be  the  duty  of 
the  judge  of  said  Common  Pleas  Court  to  remove  from  office  any 
clerk,  deputy  clerk,  bailiff  or  deputy  bailiff,  who  shall  violate 
either  of  the  provisions  of  this  section.  No  clerk  or  bailiff,  or 
deputy  clerk  or  deputy  bailiff,  of  the  Common  Pleas  Court  shall 
be  appointed  receiver  or  guardian  ad  litem  in  any  suit  therein 
pending. 


APPENDIX.  561 

Section  18.  That  until  otherwise  determined  in  the  manner 
hereinafter  provided,  and  except  as  by  this  act  is  otherwise  pre- 
scribed, the  practice  in  the  Common  Pleas  Court  shall  be  the 
same,  as  near  as  may  be,  as  that  which  is  now  prescribed  by  law 
for  similar  suits  or  proceedings  in  Circuit  Courts,  and  until 
otherwise  determined  in  the  manner  hereinafter  provided  and 
except  as  by  this  act  is  other^vise  prescribed,  the  practice  in  the 
City  courts  shall  be  the  same,  as  near  as  may  be,  as  that  which  is 
now  prescribed  by  law  for  similar  suits  and  proceedings  before 
justices  of  the  peace  and  police  magistrates.  Said  Common  Pleas 
Court  and  said  City  courts  shall  be  the  sole  judges  of  the  ap- 
plicability to  the  proceedings  of  said  courts  of  the  rules  of  prac- 
tice prescribed  by  law  for  similar  cases  in  the  Circuit  Courts  and 
before  justices  of  the  peace  and  police  magistrates,  and  their  de- 
cisions in  respect  thereto  shall  not  be  subject  to  review  upon  ap- 
peal or  writ  of  error. 

Section  19.  That  the  judges  of  said  Common  Pleas  Court 
shall  have  power  to  adopt  in  addition  to  or  in  lieu  of  the  pro- 
visions herein  contained  prescribing  the  practice  in  said  Com- 
mon Pleas  Court  and  City  courts,  or  of  any  portion  or  portions 
of  said  provisions,  such  rules  regulating  the  practice  in  said 
respective  courts  as  they  may  deem  necessary  or  expedient  for 
the  proper  administration  of  justice  therein.  The  adoption  of 
said  rules  shall  be  accomplished  by  an  order  signed  by  a  ma- 
jority of  said  judges,  which  order,  when  made,  shall  be  forth- 
with spread  upon  the  record  of  the  Common  Pleas  Court  and 
shall  be  printed  in  pamphlet  form  at  the  expense  of  the  City  and 
shall  go  into  effect  thirty  days  after  being  so  spread  upon  said 
record,  and  when  it  shall  so  go  into  effect  the  rules  thereby  pre- 
scribed shall  supersede  and  take  the  place  of  all  the  provisions  of 
this  act  pertaining  to  the  practice  of  said  courts  inconsistent 
therewith,  and  said  rules  so  adopted  may  be  amended,  rescinded 
or  added  to  by  a  like  order  signed  by  a  like  number  of  judges  of 
said  court,  such  order  to  be  likewise  spread  upon  the  record  of 
said  court  and  printed  in  pamphlet  form,  and  to  go  into  effect 
thirty  days  after  being  spread  upon  said  record ;  provided,  how- 
ever, that  any  resident  of  the  City  of  Chicago,  shall  upon  pe- 
tition therefor,  at  any  time  within  sixty  days  from  the  entry  of 
any  such  order,  be  allowed  to  appeal  from  such  order  to  the 
36 


562  PRACTICE    IN    THE    MUNICIPAL    COURT. 

Supreme  Court.  Such  appeal  shall  be  allowed  without  bond,  but 
shall  not  suspend  the  operation  of  said  order  during  its  pend- 
ency. Upon  such  appeal  the  Supreme  Court  shall  review  the 
said  order  and  consider  the  rules  thereby  adopted  and  may 
either  confirm  said  order  or  may  modify  or  set  aside  the  same, 
and  the  Supreme  Court  may,  in  its  discretion,  substitute  for  the 
rules  so  adopted  by  said  judges  of  said  Common  Pleas  Court,  or 
for  any  portion  thereof,  such  other  rules  as  the  Supreme  Court 
may  deem  proper,  and  may,  in  its  discretion,  of  its  own  motion 
or  otherwise,  make  any  order  respecting  the  rules  of  said  Com- 
mon Pleas  Court  and  City  courts  which  it  may  deem  proper. 

Section  20.  That  there  shall  be  no  stated  terms  of  the  Com- 
mon Pleas  Court  or  of  the  City  courts,  but  said  courts  shall  be 
always  open  for  the  transaction  of  business.  Every  judgment, 
order  or  decree  of  either  of  said  courts,  final  in  its  nature,  shall, 
for  the  period  of  thirty  days  after  the  entry  thereof,  be  subject 
to  be  vacated,  set  aside,  or  modified,  in  the  same  manner  and  to 
the  same  extent  as  a  judgment,  decree  or  order  of  a  Circuit  Court 
during  the  term  at  which  the  same  was  rendered  in  such  Circuit 
Court.  After  the  lapse  of  thirty  days  any  such  judgment,  de- 
cree or  order  shall  not  be  vacated,  set  aside  or  modified,  ex- 
cepting upon  appeal  or  writ  of  error,  or  by  bill  in  equity;  pro- 
vided, however,  that  all  errors  in  fact  in  the  proceedings  in 
such  case,  which  could  have  been  corrected  at  common  law  by  the 
writ  of  error  coram  nobis,  may  be  corrected  by  motion  or  the 
judgment  may  be  set  aside,  in  the  manner  provided  by  law  for 
similar  cases  in  the  Circuit  Courts. 

Section  21.  That  the  final  orders,  judgments  and  decrees  of 
the  Common  Pleas  Court  may  be  reviewed,  upon  error  or  ap- 
peal, by  the  Supreme  Court  in  all  criminal  cases  above  the  grade 
of  misdemeanors,  cases  in  which  a  franchise  or  freehold,  or  the 
validity  of  a  statute  or  construction  of  the  constitution  is  in- 
volved, and  in  all  cases  relating  to  the  revenue  or  in  which  the 
State  is  interested  as  a  party  or  otherwise,  and  by  the  Appelate 
Court  in  all  other  cases.  The  practice  in  cases  of  appeals  from 
or  writs  of  error  to  said  Common  Pleas  Court  shall,  except  as 
in  this  act,  or  by  rules  of  said  court  adopted  in  pursuance  here- 
of, may  be  otherwise  provided,  be  the  same,  as  near  as  may  be,  as 


APPENDIX.  563 

the  practice  in  cases  of  appeals  from  and  writs  of  error  to  Cir- 
cuit Courts  in  similar  cases.  But  no  appeal  shall  be  allowed  in 
any  case  unless  the  same  be  prayed  for  within  twenty  days  after 
the  entry  of  the  order,  judgment  or  decree,  appealed  from,  and 
no  assignment  of  error  in  the  Supreme  Court  or  in  the  Appellate 
Court  in  any  such  case  shall  be  allowed  which  shall  call  in  ques- 
tion the  decision  of  the  Common  Pleas  Court  in  respect  to  any 
matter  pertaining  to  the  practice  in  said  court;  provided,  hov/- 
ever  that  the  Supreme  Court  or  Appellate  Court,  as  the  case  may 
be,  may  grant  relief  from  any  error  of  the  Common  Pleas  Court 
in  respect  to  a  matter  of  practice  therein  in  any  case  where,  in 
the  opinion  of  the  Supreme  Court  or  Appellate  Court,  such  re- 
lief is  necessary  to  prevent  a  failure  of  justice. 

Section  22.  That  the  final  orders  and  judgments  of  the  City 
courts  shall  be  reviewed  by  writ  of  error  only.  Such  writ  of 
error  shall  be  sued  out  of  the  Supreme  Court  in  all  cases  in 
which  a  franchise,  a  freehold  or  the  validity  of  a  statute  or  the 
construction  of  the  constitution,  is  involved,  and  out  of  the  Ap- 
pellate Court  in  all  other  cases.  The  time  within  which  a  writ 
of  error  may  be  sued  out  in  any  such  case  shall  be  limited  to 
thirty  days  after  the  entry  of  the  final  order  or  judgment  com- 
plained of.  The  manner  of  prosecuting  such  writ  of  error  shall 
be  as  follows: 

First,  Any  party  against  whom  there  has  been  rendered  any 
final  order  or  judgment  of  a  City  court  and  who  shall  desire  to 
obtain  a  review  of  such  final  order  or  judgment  by  appeal  or 
writ  of  error,  may  obtain  from  such  City  court  a  stay  of  execu- 
tion upon  such  order  or  judgment  for  ninety  days  after  the  en- 
try thereof  by  the  giving  of  a  bond  with  a  sufficient  surety  or 
sureties,  to  be  approved  by  a  judge  of  the  City  court,  conditioned 
for  the  performance  by  such  party  of,  or  his  compliance  with, 
such  order  or  judgment,  or  his  payment  of  the  money  thereby 
required  to  be  paid  and  all  costs  which  may  be  awarded  the  op- 
posite party  in  the  Supreme  Court  or  Appellate  Court,  as  the 
case  may  be,  in  case  a  writ  of  error  to  review  such  order  or 
judgment  shall  not  be  sued  out  within  thirty  days  from  the 
date  thereof,  or  in  case,  upon  the  suing  out  and  prosecution  of 
such  writ  of  error,  the  order  of  judgment  shall  be  affirmed  by 
Hie  Supreme  Court  or  Appellate  Court,  as  the  case  may  be. 


564  PRACTICE    IN    THE   MUNICIPAL   COURT. 

Second.  No  other  or  further  stay  of  proceedings  or  execution 
in  any  such  <;ase  shall  be  allowed  by  the  City  Court,  but  the 
Supreme  Court  or  the  Appellate  Court,  or  any  judge  thereof 
may  allow  a  supersedeas  as  in  other  cases,  but  upon  the  allow- 
ance of  such  supersedeas  no  additional  bond  shall  be  required 
and  such  supersedeas  shall  be  operative  until  the  final  determi- 
nation of  such  writ  of  error. 

Third.  If,  upon  application  to  the  Supreme  Court  or  Appel- 
late Court,  or  to  any  judge  thereof,  for  a  supersedeas,  the  same 
shall  be  denied,  such  order  or  judgment  shall  stand  affirmed,  and 
no  further  proceedings  shall  be  had  in  said  Supreme  Court  or 
Appellate  Court  with  respect  thereto,  unless  the  Supreme  Court 
or  Appellate  Court,  or  the  judge  denying  such  supersedeas,  shall 
otherwise  order. 

Fourili.  The  party  in  whose  favor  any  final  order  or  judg- 
ment has  been  entered  shall  be  entitled  to  sue  out  a  writ  of  error 
from  the  Supreme  Court  or  the  Appellate  Court,  as  the  ease  may 
be,  by  depositing  with  the  clerk  of  the  court  from  wliich  said 
writ  of  error  is  sued  out  the  sum  of  Twenty  Dollars  ($20)  as 
security  to  the  opposite  party  for  such  costs  as  may  be  awarded 
such  opposite  party  by  the  Supreme  Court  or  the  Appellate 
Court,  as  the  ease  may  be,  upon  the  final  determination  of  such 
writ  of  error. 

Fifth.  The  party  suing  out  any  writ  of  error  shall  not  be 
required  to  serve  upon  the  opposite  party  any  scire  facias  to  hear 
errors,  but  in  lieu  thereof  shall,  within  five  days  after  the  is- 
suance of  the  writ  of  error,  file  the  same  with  the  clerk  of  said 
City  court,  and  make  to  the  Supreme  Court  or  Appellate  Court, 
as  the  case  may  be,  proof  of  such  filing,  and  such  writ  of  error 
so  filed  shall  be  notice  to  the  opposite  party  of  the  suing  out  and 
prosecution  of  such  writ  of  error. 

Sixth.  Upon  application  made  at  any  time  within  sixty  days 
after  the  entry  of  any  final  order  or  judgment,  it  shall  be  the  duty 
of  the  judge  by  whom  such  final  order  or  judgment  was  entered, to 
sign  and  place  on  file  in  the  case  in  which  the  same  was  entered, 
if  so  requested  by  either  of  the  parties  to  the  suit,  either  a  cor- 
rect statement,  to  be  prepared  by  the  party  requesting  the  signing 
of  the  same,  of  the  facts  appearing  upon  the  trial  thereof  and  of 
all  questions  of  law  involved  in  such  case,  and  the  decisions  of 


J 


APPENDIX.  565 

the  court  upon  said  questions  of  law,  or  a  correct  stenographic 
report,  the  expense  of  procuring  which  shall  be  paid  by  the  party- 
requesting  the  signing  of  the  same,  of  the  proceedings  at  the 
trial,  as  such  party  may  elect,  the  original  of  which  statement 
or  stenographic  report,  together  with  a,  certified  transcript  of 
the  judgment,  shall  be  certified  to  the  Supreme  Court  or  Appel- 
late Court,  as  the  case  may  be,  as  the  record  to  be  considered 
upon  the  review  of  such  order  or  judgment  by  writ  of  error. 

Seventh.  No  order  or  judgment  so  sought  to  be  reviewed 
shall  be  reversed  unless  the  Supreme  Court  or  Appellate  Court, 
as  the  case  may  be,  shall  be  satisfied  from  said  statement  or 
stenographic  report  signed  by  said  judge  that  such  order  or 
judgment  is  contrary  to  law,  in  which  last  mentioned  case  the 
Supreme  Court  or  Appellate  Court,  as  the  case  may  be,  may  en- 
ter such  order  or  judgment  as,  in  its  opinion,  the  City  court 
ought  to  have  entered,  or  it  may  reverse  the  said  order  or  judg- 
ment and  remand  the  case  to  the  City  court  for  further  pro- 
ceedings. 

Eighth.  No  assignment  of  error  in  the  Supreme  Court  or  in 
the  Appellate  Court  in  any  such  case  shall  be  allowed  which 
shall  call  in  question  the  decision  of  such  City  court  in  respect 
to  any  matter  pertaining  to  the  practice  in  such  court,  nor  shall 
any  exceptions  to  the  rulings  and  decisions  of  the  City  court 
upon  the  trial  be  necessary  to  the  right  of  either  party  to  a  re- 
view of  such  rulings  and  decisions  in  the  Supreme  Court  or  Ap- 
pellate Court  upon  their  merits,  but  it  shall  be  the  duty  of  the 
Supreme  Court  or  the  Appellate  Court,  as  the  case  may  be,  to 
decide  such  case  upon  its  merits  as  they  may  appear  from  such 
statement  or  stenographic  report  signed  by  the  judge;  provided, 
however,  that  the  Supreme  Court  or  Appellate  Court,  as  the 
case  may  be,  may  grant  relief  from  any  error  of  any  City  court 
in  respect  to  a  matter  of  practice  therein  in  any  case  where,  in 
the  opinion  of  the  Supreme  Court  or  Appellate  Court,  such  re- 
lief is  necessary  to  prevent  a  failure  of  justice. 

Section  23.  That  in  any  ease  transferred  to  said  Common 
Pleas  Court  by  the  Circuit  or  Superior  Court  of  Cook  County  for 
trial  and  disposition,  said  Common  Pleas  Court  shall  exercise  the 
same  powers  as  the  Court  from  which  said  ease  has  been  trans- 


566  PRACTICE   IN    THE   MUNICIP^Uj    COURT. 

f erred  might  have  exercised  had  said  case  not  been  so  trans- 
ferred. The  Circuit  Court  of  Cook  County,  or  the  Superior 
Court  of  Cook  County,  may,  upon  the  application  of  either  party 
for  a  change  of  venue,  or  upon  the  request  of  both  parties,  to 
any  suit  at  law  or  in  equity  pending  therein,  transfer  said  suit 
to  the  Common  Pleas  Court  for  trial  and  disposition.  The 
Criminal  Court  of  Cook  County  may,  upon  the  request  of  the 
State's  attorney  or  of  any  defendant,  transfer  to  the  Common 
Pleas  Court  for  trial  and  disposition  any  case  therein  pending 
and  shall  have  power  to  make  all  orders  which  it  may  deem 
necessary  to  accomplish  such  transfer  and  secure  the  attendance 
of  the  parties  and  witnesses  upon  said  Common  Pleas  Court  un- 
til the  final  dispo^tion  of  the  case,  and  said  Common  Pleas 
Court,  when  any  criminal  case  shall  have  been  so  transferred  to 
it,  shall  exercise  all  the  powers  with  respect  to  the  trial  and  dis- 
position of  said  case  which  the  said  Criminal  Court  of  Cook 
County  might  have  exercised  had  said  case  not  been  so  transfer- 
red. All  judgments  of  conviction  in  criminal  cases  instituted 
in  said  Common  Pleas  Court  or  transferred  to  it  by  the  Criminal 
Court  of  Cook  County,  where  the  punishment  inflicted  is  death 
or  imprisonment,  shall  be  carried  into  execution  in  the  same 
manner  as  is  provided  by  law  for  similar  cases  in  said  Criminal 
Court  of  Cook  County.  The  prosecution  of  all  criminal  cases 
in  the  Common  Pleas  Court  shall  be  conducted  by  or  under  the 
supervision  of  the  State's  attorney  of  Cook  County,  but  in  any 
case  in  which  the  State's  attorney  is  disqualified  from  acting,  or 
is  unable  to  act,  the  court  may  appoint  some  attorney  at  law 
of  Cook  County  to  act  as  prosecuting  attorney  in  such  case. 

Section  24.  That  the  grand  jurors  for  said  Common  Pleas 
Court  and  the  petit  jurors  for  the  trial  of  cases  in  said  Common 
Pleas  Court  shall  be  provided  by  the  jury  commissioners  of  the 
County  of  Cook  in  the  same  manner  and  from  the  same  lists,  as 
near  as  may  be,  as  grand  jurors  and  petit  jurors  are  provided 
for  the  Circuit,  Superior  and  Criminal  Courts  of  Cook  County. 
The  names  of  the  necessary  number  of  grand  and  petit  jurors  re- 
quired from  time  to  time  in  said  Common  Pleas  Court  shall  be 
furnished  by  said  jur>'  commissioners  upon  demand  t»  the  clerk 
of  the  Common  Pleas  Court  and  the  venires  for  such  jurors  shall 
be  directed  to  and  served  by  the  sheriff  of  Cook  County  at  the 


APPENDIX.  567 

•expense  of  said  County,  and  the  fees  of  the  said  jurors  shall  be 
paid  out  of  the  county  treasury.  The  number  of  petit  jurors  to 
be  summoned  from  time  to  time  shall  be  determined  by  the  Chief 
Justice. 

Section  25.  That  it  shall  be  the  duty  of  the  Chief  Justice  of 
the  Common  Pleas  Court  to  impanel  any  grand  jury  summoned 
to  said  court  and  to  interrogate  and  inquire  into  the  qualifica- 
tions of  all  petit  jurors  summoned  for  service  upon  the  regular 
panels  in  the  Common  Pleas  Court,  and  to  reject  from  such  reg- 
ular panels  all  persons  who  do  not  appear  to  possess  the  qualifi- 
cations required  by  law,  and  to  cause  such  panels  to  be  filled  by 
persons  competent  to  serve  as  jurors. 

Section  26.  That  grand  juries  may  be  summoned  and  im- 
paneled in  said  Common  Pleas  Court  at  any  time,  upon  the  ap- 
plication of  the  States'  attorney  of  Cook  County,  and  the  Chief 
Justice  may,  of  his  own  motion,  direct  the  impanelling  of  a  grand 
jury  whenever,  in  his  opinion,  the  public  interests  so  require.  All 
criminal  cases  in  said  court  in  which  the  punishment  is  by  fine 
or  imprisonment  otherwise  than  in  the  penitentiary,  may  be  pros- 
ecuted by  information  of  the  Attorney  General  or  State's  at- 
torney or  some  other  person,  and  when  an  information  is  pre- 
sented by  any  person  other  than  the  Attorney  General  or  State 's 
attorney,  it  shall  be  verified  by  affidavit  of  such  person  that  the 
same  is  true,  or  that  the  same  is  true  as  he  is  informed  and 
believes.  Before  an  information  is  filed  by  any  person  other 
than  the  Attorney  General  or  State's  Attorney,  one  of  the  judges 
of  the  Common  Pleas  Court  shall  examine  the  information  and 
may  examine  the  person  presenting  the  same  and  require  other 
evidence  and  satisfy  himself  that  there  is  probable  cause  for 
filing  the  same  and  so  endorse  the  same.  Every  information 
shall  set  forth  the  offense  with  reasonable  certainty,  substantial- 
ly as  required  in  an  indictment,  and  the  proceedings  thereon 
shall  be  the  same,  as  near  as  may  be,  as  upon  indictments  in 
said  Common  Pleas  Court. 

Section  27.  That,  until  otherwise  provided  by  the  n^les  of 
the  Common  Pleas  Court,  and  except  as  is  herein  otherwise  pre- 
scribed, civil  suits  and  proceedings  shall  be  commenced  and  pros- 
ecuted in  said  Common  Pleas   Court  in  the  same  manner  in 


568  PRACTICE    IN    THE    MUNICIPAL    COURT. 

which  similar  suits  and  proceedings  are  required  to  be  com- 
menced and  prosecuted  in  the  Circuit  Courts,  and  excepting  al- 
so in  the  following  particulars: 

First.  The  summons,  when  the  first  process  is  a  summons, 
or  the  writ,  when  the  first  process  is  a  writ,  shall  be  directed  to 
the  bailifi'  to  execute  and  shall  be  returnable  upon  some  Monday 
at  least  ten  days,  and  not  more  than  thirty  days,  after  the  date 
thereof. 

Second.  Service  of  such  summons  or  writ  shall  be  made  by 
delivering  a  copy  thereof  to  the  defendant,  if  an  individual,  and 
informing  him  of  the  contents  thereof,  but  if  any  defendant  be 
a  corporation,  the  service  shall  be  made  in  the  manner  provided 
by  law  for  similar  cases  in  the  Circuit  Courts. 

Third.  Notice  to  the  defendant  by  publication  may  be  given 
under  like  circumstances  and  in  the  same  manner  as  is  provided 
by  law  for  similar  cases  in  the  Circuit  Courts,  but  the  notice 
published  in  lieu  of  stating  the  time  of  the  return  of  the  summons 
or  writ  shall  state  the  date  on  or  before  which  the  defendant  is 
required  to  appear,  which  date  shall  be  some  Monday  not  less 
than  forty  nor  more  than  sixty  days  after  the  date  of  the  first 
publication  of  notice,  as  the  plaintiff  may  require. 

Fourth.  No  suit  shall  be  commenced  in  the  Common  Pleas 
Court  unless  the  defendant,  if  there  be  but  one  defendant,  resides 
or  is  found  within  the  City  of  Chicago,  or  if  the  defendant  be  a 
corporation,  unless  its  principal  office  is  within  said  City ;  but  if 
the  defendant  be  a  corporation  not  having  a  principal  office  in 
the  City  of  Chicago  suit  may  be  brought  in  the  Common  Pleas 
Court  whenever  service  of  process  may  be  had  within  the  City 
upon  any  officer,  agent  or  employe  of  such  corporation  upon 
whom  service  of  process  might  be  had  if  issued  in  a  suit  com- 
menced in  the  Circuit  Court. 

Fifth.  The  provisions  of  paragraph  Fourth  above,  shall  not 
apply  to  attachment  suits  brought  against  non-residents  of  this 
State,  which  suits  may  be  brought  in  the  Common  Pleas  Court 
when  any  property  of  the  defendant  is  levied  upon,  or  any 
garnishee  resides  or  is  found  within  the  City  of  Chicago. 

Sixth.  "When  there  are  several  defendants,  one  of  whom  re- 
sides or  is  found  in  the  City  of  Chicago,  a  summons  or  writ 
may  be  issued  to  the  sheriff  of  Cook  County  for  any  defer dnnt 


APPENDIX.  569 

residing  in  said  County,  but  outside  of  the  City  of  Chicago,  or 
to  the  sheriff  of  any  other  county  for  any  defendant  residing  in 
such  county,  and  service  of  any  summons  or  writ  so  issued  shall 
be  made  in  the  same  manner  as  herein  required  in  the  case  of 
a  summons  or  writ  directed  to  the  bailiff. 

Seventh.  The  plaintiff  shall  file  his  declaration  within  five 
(  days  after  the  commencement  of  the  suit,  in  default  whereof  the 
suit  shall  be  dismissed  unless  the  court  by  an  order  entered  in 
said  suit  shiall  extend  the  time  for  filing  such  declaration. 

Eighth.  The  defendant  shall,  in  case  he  shall  have  been  served 
with  process  of  summons  or  with  the  writ  five  days  or  more  prior 
to  the  return  day  thereof,  demur  or  plead  to  the  declaration  or 
.  the  complaint  on  or  before  the  Monday  succeeding  such  return 
day;  but  in  case  the  summons  or  writ  shall  have  been  served  less 
than  five  days  prior  to  the  return  day  the  defendant  shall  not  be 
required  to  plead  to  the  declaration  or  complaint  until  on  or  be- 
fore the  second  Monday  after  such  return  day.  In  case  the  time 
for  filing  the  declaration  or  complaint  shall  be  extended  by  the 
court,  the  time  for  the  plaintiff  tO'  demur  or  plead  to  the  same 
shall  be  extended  until  the  second  Monday  succeeding  the  expi- 
ration of  such  extension  of  time.  The  time  within  which  the  de- 
fendant is  required  to  demur  or  plead  may  be  extended  by  the 
court  in  its  discretion. 


Section  28.  That  no  City  court  shall  exercise  jurisdiction  in 
any  suit  brought  therein  unless  the  defendant,  if  there  be  one  de- 
fendant, or  one  of  the  defendants,  if  there  be  more  than  one 
defendant,  resides  or  is  found  within  the  district  in  which  such 
City  court  is  located,  or  if  the  defendant  be  a  corporation  having 
its  principal  office  in  the  City  of  Chicago,  unless  its  principal  of- 
fiee  is  within  such  district ;  but  if  the  defendant  be  a  corporation 
not  having  a  principal  office  in  the  City  of  Chicago,  suit  may  be 
brought  in  any  City  Court  within  whose  district  service  of  pro- 
cess may  be  had  upon  any  officer,  agent,  or  employe  of  such  cor- 
poration upon  whom  service  of  process  might  be  had  if  issued  in 
a  suit  commenced  in  the  Circuit  Court.  If,  in  any  case,  there 
is  more  than  one  defendant  and  one  defendant  resides  or  is  found 
within  said  district,  or  is  properly  served  with  process  therein, 
the  process  of  such  City  court  may  be  served  upon  the  remain- 
ing defendant  or  defendants  at  any  place  within  said  City  of 


570  PRACTICE   IN    THE    MUNICIPAL   COURT. 

Chicago,  But  no  suit  shall  be  brought  against  the  City  of  Chi- 
cago or  any  other  municipal  corporation  in  any  City  court  other 
than  The  First  City  Court  of  Chicago.  If,  in  any  case  where 
there  is  more  than  one  defendant,  process  is  duly  served  upon 
one  or  more  defendants  and  returned  not  served  as  to  another 
defendant  or  defendants,  the  suit  shall  proceed  as  in  like  cases  in 
the  Circuit  Court.  But  this  section  shall  not  apply  to  attach- 
ment suits  brought  against  non-residents  of  this  State,  which  suits 
may  be  brought  in  any  City  court  when  any  property  of  the  de- 
fendant is  levied  upon,  within  the  district  of  such  City  court,  or 
any  garnishee  resides  or  Is  found  in  such  district.  When,  upon 
the  complaint  of  any  defendant,  it  shall  be  made  to  appear  to 
any  City  court  that  the  suit  has  been  improperly  brought  there- 
in, the  court  shall  not  be  required  on  that  account  to  dismiss  the 
suit,  if  any  City  court  could  properly  have  jurisdiction  thereof ; 
but  in  such  case  the  court  may  cause  such  suit  to  be  transferred 
to  the  proper  City  court  and  the  court  to  which  the  same  is  trans- 
ferred shall  proceed  therewith  as  if  the  same  had  been  originally 
commenced  in  said  district;  provided,  however,  that  the  court 
may,  in  its  discretion,  require  the  plaintiff  to  pay  the  costs  of  the 
defendant  paid  by  him  prior  to  such  transfer. 

Section  29.  That  every  suit  at  law  in  the  Common  Pleas 
Court,  other  than  a  criminal  case,  and  every  suit,  other  than  a 
criminal  case,  in  any  City  court  shall  be  tried  bj^  the  court  with- 
out a  jury  unless  the  plaintiff,  at  the  time  he  commences  his 
suit,  or  the  defendant  at  the  time  he  enters  his  appearance,  shall 
file  with  the  clerk  a  demand  in  writing  of  a  trial  by  jury,  which 
demand,  however,  may  be  withdrawn  by  the  party  filing  the 
same  at  any  time  before  the  trial. 

Section  30.  That  in  all  civil  cases  tried  by  jury  in  the  Com- 
mon Pleas  Court  each  party  shall  be  entitled  to  a  challenge  of 
three  jurors  without  showing  cause  for  such  challenge,  and  chal- 
lenges for  statutory  and  other  causes  shall  be  allowed  as  in  sim- 
ilar cases  in  the  Circuit  Courts.  But  upon  appeal  or  writ  of 
error  to  review  any  judgment  of  said  Common  Pleas  Court  in 
a  civil  ease  tried  by  jury,  no  assignment  of  error  shall  be  allowed 
which  shall  call  in  question  any  ruling  of  the  court  pertaining 
to  or  connected  with  the  impanelling  of  the  jury. 


APPENDIX.  571 

Section  31.  That  every  person  arraigned  in  the  Common 
Pleas  Court  for  any  crime  punishable  with  death  or  imprison- 
ment for  life  shall  be  admitted  on  his  trial  to  a  peremptory^  chal- 
lenge of  twenty  jurors  and  no  more ;  and  every  person  arraigned 
for  any  offense  that  may  be  punished  by  imprisonment  for  a 
term  not  exceeding  eighteen  months  shall  be  admitted  to  a  per- 
emptory challenge  of  ten  jurors  and  no  more;  and  in  all  other 
criminal  trials  the  defendant  shall  be  allowed  a  peremptory  chal- 
lenge of  six  jurors  and  no  more.  The  attorney  prosecuting  on 
behalf  of  the  people  shall  be  admitted  to  a  peremptory  challenge 
of  the  same  number  of  jurors  that  the  accused  is  entitled  to.  In 
all  such  cases  challenges  for  statutory  and  other  causes  shall  be 
allowed  as  in  similar  cases  in  the  Criminal  Court  of  Cook  County, 
but  upon  any  writ  of  error  to  review  any  judgment  of  said  Com- 
mon Pleas  Court  in  a  criminal  case  tried  therein  by  a  jury,  no 
assignment  of  error  shall  be  allowed  which  shall  call  in  question 
any  ruling  of  the  Common  Pleas  Court  pertaining  to  or  con- 
nected with  the  impanelling  of  the  jury. 

Section  32.  That  the  Common  Pleas  Court  in  any  civil  suit 
pending  therein,  at  any  time  before  the  trial  or  final  hearing 
thereof,  may  permit  the  filing  therein  of  interrogatories  to  be 
answered  by  any  party  to  such  suit  or  any  person  for  whose  im- 
mediate benefit  such  suit  is  prosecuted  or  defended,  or  by  the 
directors,  officers,  superintendent  or  managing  agents  of  any  cor- 
poration which  is  a  party  to  the  record  in  such  suit,  at  the  in- 
stance of  the  adverse  party  or  parties  or  any  of  them,  and  to  re- 
quire an  answer  under  oath  to  all  such  interrogatories  as  the 
party  to  be  interrogated  might  be  required  to  answer,  if  called 
as  a  witness  upon  the  trial  or  hearing  of  such  suit,  but  the  party 
filing  such  interrogatories  shall  not  be  concluded  by  the  answers 
thereto,  if  he  shall  elect  to  introduce  the  same  or  any  or  either 
of  them  upon  the  trial  or  final  hearing. 

Section  33.  That  upon  the  trial  or  hearing  of  any  suit  in 
the  Common  Pleas  Court  or  in  any  City  court  any  party  there- 
to, or  any  person  for  whose  immediate  benefit  such  suit  is  prose- 
cuted or  defended,  or  the  directoi*s,  officers,  superintendent  or 
managing  agents  of  any  corporation,  which  is  a  party  to  the 
record  in  such  suit,  may  be  examined  upon  the  trial  thereof  as 


OIZ  PRACTICE  IN  THE  MUNICIPAL  COURT. 

if  under  cross-examination  at  the  instance  of  the  adverse  party 
or  parties  or  any  of  them,  and  for  that  purpose  may  be  com- 
pelled, in  the  same  manner  and  subject  to  the  same  rules  for 
exajnination  as  any  other  witness,  to  testify,  but  the  party  call- 
ing for  such  examination  shall  not  be  concluded  thereby,  but  may 
rebut  the  testimony  thus  given  by  counter  testimony. 

Section  34.  That  whenever,  in  any  suit  pending  in  the  Com- 
mon Pleas  Court  evidence  shall  be  necessary  concerning  any  fact 
in  support  of  or  in  opposition  to  any  interlocutory  or  other  mo- 
tion or  application,  other  than  an  application  for  a  change  of 
venue,  the  court  may,  in  its  discretion  require  such  evidence  to 
be  presented  by  the  oral  examination  of  witnesses  in  open  court 
or  otherwise  and  may  make  all  necessary  orders  for  such  oral 
examination. 

Section  35.  That  any  judge  of  the  Common  Pleas  Court 
shall  have  power  to  sign  or  otherwise  make  any  order  in  any 
suit  pending  in  the  Common  Pleas  Court,  or  in  any  city  court,  at 
any  place  within  the  city  of  Chicago,  whenever  in  his  opinion 
the  granting  of  such  order  at  such  place  is  in  furtherance  of 
justice,  and  such  order  shall  be  as  effective  as  if  made  in  any 
court  room  of  either  of  said  courts  or  in  the  chambers  of  said 
judge. 

Section  36.  That  cases  in  the  Common  Pleas  Court  shall  be 
tried  in  such  order  and  the  calendars  of  cases  shall  be  so  ar- 
ranged as  may  be  determined  by  the  chief  justice,  or  by  rules  of 
the  court  adopted  as  herein  provided. 

Section  37.  That  in  trials  by  jury  in  the  Common  Pleas 
Court  the  court  may  charge  the  jury  orally  or  in  writing. 

Section  38.  That  whenever  it  appears  in  any  bill  of  excep- 
tions signed  in  any  civil  suit  tried  and  determined  in  the  Com- 
mon Pleas  Court  that  any  erroneous  ruling  was  made  by  said 
Common  Pleas  Court  against  the  objection  of  the  party  com- 
plaining thereof,  but  that  no  formal  exception  was  taken  by 
such  party  thereto,  such  erroneous  ruling  shall  be  subject  to  re- 
view upon  appeal  or  writ  of  error  to  the  same  extent  and  in  like 
manner  as  if  it  appeared  that  a  formal  exception  had  been  taken 
thereto  by  the  party  complaining  and  no  bill  of  exceptions  shall 


APPENDIX.  573 

be  held  defective  for  the  want  of  the  seal  of  the  judge  thereto. 
Upon  the  prosecution  of  an  appeal  or  writ  of  error  to  review  any 
judgment  of  the  Common  Pleas  Court,  the  original  bill  of  ex- 
ceptions, in  lieu  of  a  certified  copy  thereof,  shall  be  inserted  in 
the  transcript  of  the  record  to  be  filed  in  the  Supreme  Court  or 
Appellate  Court  upon  such  appeal  or  writ  of  error,  unless  the 
Common  Pleas  Court  shall  otherwise  direct,  and,  upon  the  final 
determination  of  such  appeal  or  writ  of  error,  such  original  bill 
of  exceptions  shall  be  remitted  to  the  Common  Pleas  Court. 

Section  39.  That  no  application  for  a  change  of  venue  on  ac- 
count of  the  prejudice  of  the  judge  shall  be  allowed  by  any  City 
Court  when  the  applicant  names  in  his  application  more  than  one 
judge  from  whom  such  change  of  venue  is  desired,  nor  unless 
such  application  for  a  change  of  venue  is  made  by  petition  as  in 
like  cases  in  the  Circuit  Courts,  and  such  petition  is  filed  at  or 
before  the  time  of  the  filing  by  the  defendant  of  his  appearance 
in  the  suit  in  which  such  change  of  venue  is  asked  for,  and  in. 
no  case  shall  the  granting  of  any  change  of  venue  delay  the  trial 
of  the  suit,  but  such  suit  shall  be  tried  and  disposed  of  at  the 
time  set  for  the  trial  thereof  or  at  the  time  to  which  the  trial 
thereof  may  be  postponed  before  some  other  judge  of  the  court 
than  the  one  from  whom  the  change  of  venue  has  been  granted, 
or  in  any  other  district  in  which  the  same  may  be  ordered  to  be 
tried,  and  all  orders  necessary  for  the  setting  of  such  case  for 
trial  and  for  the  securing  of  a  speedy  trial  thereof  may  be  made 
by  the  judge  from  whom  said  change  of  venue  has  been  ob- 
tained. 

Section  40.  That  every  civil  suit,  excepting  attachment 
suits,  replevin  suits  and  forcible  entry  and  detainer  suits  brought 
in  any  City  Court  shall  be  commenced  by  the  filing  by  the  plain- 
tiff, with  the  clerk,  of  a  praecipe  for  a  summons,  specifying  the 
names  of  the  parties  to  the  suit,  the  amount  of  the  plaintiff's 
claim  and  the  day  at  which  the  summons  shall  be  made  return- 
able, which  day  shall  not  be  less  than  five  (5)  nor  more  than 
fifteen  (15)  days  from  the  filing  of  such  praecipe  and  a  bill  of 
particulars  of  the  plaintiff's  claim,  which  bill  of  particulars,  if 
the  suit  be  upon  a  contract,  express  or  implied,  shall  consist  of 
a  statement  of  the  account  or  of  the  nature  of  the  demand,  or^  if 


574  PRACTICE    IN    THE    MUNICIPAL    COURT. 

the  suit  be  for  a  tort,  it  shall  consist  of  a  brief  statement  of  the 
nature  of  the  tort,  and  such  further  information  as  will  rea<?on- 
ably  inform  the  defendant  of  the  nature  of  the  case  he  is  called 
upon  to  defend,  but  nothing  herein  contained  shall  be  construed 
to  require  the  bill  of  particulars  in  any  action  for  a  tort  to  set 
forth  the  cause  of  action  with  the  particularity  required  in  a 
declaration  at  common  law. 

Section  41.  That  upon  the  filing  of  such  praecipe  and  bill  of 
particulars  the  clerk  of  said  city  court  shall  issue  a  summons  to 
the  defendant  directed  to  the  bailiff  to  execute  and  returnable  at 
10  0  'clock  a.  m.  of  the  day  for  such  return  specified  in  the  prae- 
cipe, which  summons  shall  state  the  amount  of  the  plaintiff's 
claim  and  shall  be  attested  in  like  manner  as  the  summons  issued 
out  of  a  court  of  record.  Upon  every  such  summons  there  shall 
be  printed  in  plain  type  the  provisions  of  this  act  pertaining  to 
defaults  in  case  of  the  non-appearance  of  the  defendant,  the 
setting  of  the  case  for  trial  in  case  of  appearance,  the  taxation  of 
attorney's  fees,  and  such  further  information  as  may  be  pre- 
scribed by  the  chief  justice. 

Section  ^42.  That  every  such  summons  issued  out  of  any  city 
court  shall  be  served,  if  the  defendant  be  an  individual,  by  de- 
livering to  him  a  copy  thereof  and  informing  him  of  its  contents ; 
or  if  the  defendant  be  a  corporation  service  shall  be  made  upon 
such  corporation  in  the  same  manner  as  is  now  or  hereafter 
may  be  provided  by  law  for  the  service  of  process  upon  such 
corporation  in  a  suit  at  law  when  issued  out  of  a  circuit  court. 
In  case  said  summons  shall  not  be  served  upon  the  defendant 
three  days  or  more  prior  to  the  return  day  thereof  an  alias 
summons  may  be  issued  and  a  subsequent  pluries  summons  may 
be  issued  in  any  case  when  a  previous  alias  or  pluries  summons 
shall  not  have  been  served  upon  the  defendant  three  days  or 
more  prior  to  the  return  day  fixed  in  the  previous  summons. 
Service  of  such  alias  or  pluries  summons  shall  be  made  in  the 
same  manner  as  that  above  provided  for  the  service  of  the  origi- 
nal summons. 

Section  43.  That  upon  the  return  of  any  such  summons 
duly  serV'Cd  upon  the  defendant,  the  plaint) if  shall  be  entitled 
to  judgment  as  in  case  of  default^  unless  the  defendant  shall 


APPENDIX.  070 

either  appear  in  person  at  the  time  specified  in  such  summons, 
or  shall,  at  or  before  the  time  fixed  in  such  summons  for  his  ap- 
pearajice,  file  his  appearance  in  writing  in  said  city  court.  Upon 
such  default  the  court  shall  assess  the  damages  after  hearing 
such  evidence  as  the  court  may  deem  sufficient  for  that  purpose. 
In  case  the  defendant  shall  desire  upon  the  trial  to  present  any 
set-off  or  counter-claim,  he  shall  file  a  bill  of  particulars  there- 
of with  his  appearance;  provided,  however,  the  court  may,  in 
its  discretion,  extend  the  time  for  the  filing  of  such  bill  of  par- 
ticulars. It  shall  be  the  duty  of  the  court  at  ten  o'clock  a.  m. 
of  each  day  upon  which  the  court  is  open  for  business,  or  as  soon 
thereafter  as  is  practicable,  to  call  the  cases  in  which  the  sum- 
monses are  then  returnable  for  the  purpose  of  ascertaining 
whether  the  defendants  therein  have  appeared  in  person  or  have 
entered  their  appearances  in  writing,  and  to  give  such  directions 
with  respect  to  such  appearances  as  the  court  may  find  neces- 
sary or  proper  for  the  information  of  the  parties. 

Section  44.  That  the  clerk  of  each  city  court  shall  keep  on 
hand  and  furnish  to  suitors  and  attorneys  on  application  printed 
blank  forms  of  praecipes,  summonses,  entries  of  appearancp,  af- 
fidavits, bonds,  attachment  writs,  replevin  writs,  petitions  for 
changes  of  venue  and  all  other  papers  necessary  for  the  use  of 
the  parties  to  suits  in  such  courts.  Forms  for  such  papers  shall 
be  prescribed  by  the  chief  justice  of  the  Common  Pleas  Court, 
who  shall  also  from  time  to  time  prescribe  and  cause  to  be  print- 
ed forms  of  bills  of  particulars  to  be  used  in  said  city  courts. 

Section  45.  That  if  in  any  case  brought  in  any  City  court 
the  defendant  shall  appear  at  the  time  specified  in  the  summons 
or  shall  have  entered  his  appearance  in  writing  at  or  before  the 
time  so  specified,  the  court  shall,  at  such  time,  or  as  soon  there- 
after as  practicable,  fix  a  time  for  the  trial  thereof  and  such  case 
shall  be  tried  at  the  time  so  fixed  or  as  soon  thereafter  as  the 
other  business  of  the  court  will  permit. 

Section  46.  That  amendments  to  bills  of  particulars 
praecipes,  summons  and  other  papers  filed  by  either  party  may 
in  the  discretion  of  the  court  be  allowed  at  any  time. 

Section  47.  That  the  court  may  grant  such  postponements  of 
the  trial,  and  may  make  such  other  orders  in  respect  thereto  ns 


576  PRACTICE  IN  THE  MUNICIPAL  COURT. 

the  court  may  deem  proper  and  necessary  for  the  protection  of 
the  rights  of  the  parties. 

Section  48.  That  the  practice  and  proceedings  in  City 
courts  other  than  the  mode  of  trial  and  the  proceedings  subse- 
quent to  the  trial,  in  cases  of  attachment,  replevin  and  forcible 
entry  and  detainer,  shall  be  the  same,  as  near  as  may  be,  as  that 
which  is  now  prescribed  by  law  for  similar  cases  in  courts  of 
record,  with  the  following  exceptions: 

First.  There  shall  be  no  written  pleadings  other  than  the 
affidavits  in  attachment  and  replevin  and  the  complaint  in  forc- 
ible entry  and  detainer,  and  the  writs  shall  be  made  returnable 
in  like  manner  as  summons  in  other  cases  in  the  City  courts. 

Second.  In  attachment  eases  the  plaintiff  at  the  time  of  the 
commencement  of  his  suit  and  the  defendant  at  the  time  of  his 
appearing  in  person  or  of  his  entering  his  appearance  in  writing, 
if  he  shall  desire  upon  the  trial  to  present  any  set-off  or  counter- 
claim, shall  file  a  bill  of  particulars  thereof. 

Third.  In  forcible  entry  and  detainer  cases  the  plaintiff 
may  unite  with  his  claim  for  possession  of  the  property  any 
claim  for  rent  or  damages  for  withholding  possession  of  the  same, 
provided  such  claim  does  not  exceed  five  hundred  dollars  ($500). 

Section  49.  That  in  all  trials  by  jury  in  the  City  courts  the 
court  may  charge  the  jury  orally  or  in  writing  as  to  the  law  and 
the  facts. 

Section  50.  That  the  jurors  for  trials  in  the  City  courts  shall 
be  summoned  in  the  same  manner,  as  near  as  may  be,  and  their 
fees  shall  be  the  same  as  is  now  or  may  be  provided  by  law  with 
respect  to  jurors  in  cases  before  justices  of  the  peace,  and  in  all 
eases  tried  by  jury  in  the  City  courts  said  courts  shall  have 
power  to  grant  new  trials  to  the  same  extent  as  is  permitted  by 
law  in  similar  cases  in  the  Circuit  Courts,  subject  to  such  rules 
as  may  be  adopted  by  the  majority  of  the  judges  of  the  Com- 
mon Pleas  Court  in  pursuance  hereof. 

Section  51.  That  the  practice  in  the  City  courts  in  quasi 
criminal  cases  shall  be  the  same  as  is  herein  prescribed  for  civil 
cases  in  said  courts  excepting  as  follows: 

First.     The  process  in  any  suit  for  the  violation  of  any  muni- 


APPENDIX.  577 

■cipal  ordinance  shall,  except  as  hereinafter  provided,  be  a  sum- 
mons. If  the  defendant,  after  being  duly  served  with  summons, 
fails  to  appear  personally  at  the  time  specified  in  the  summons 
or  to  enter  his  appearance  at  or  before  such  time,  the  court  may 
proceed,  as  in  case  of  default,  or  may  issue  a  warrant  for  the 
arrest  of  the  defendant. 

Second.  When  the  offense  complained  of  is  also  a  violation 
of  any  provision  of  the  criminal  code,  the  court  may  issue  a 
warrant  in  the  first  instance  for  the  \'^olation  of  the  ordinance 
under  the  like  circumstances  under  which  a  warrant  might 
issue  for  a  violation  of  the  criminal  code. 

Third.  A  warrant  may  issue  in  the  first  instance  upon  the 
affidavit  of  any  person  that  an  ordinance  has  been  violated  and 
that  the  person  making  the  complaint  has  reasonable  grounds  to 
believe  the  party  charged  is  guilty  thereof  and  will  escape  un- 
less arrested  and  stating  the  facts  upon  which  such  belief  is 
based,  provided  the  judge  to  whom  application  is  made  for  such 
warrant  shall  be  satisfied,  after  examining  under  oath  the  party 
making  the  affidavit,  that  such  arrest  should  be  made,  and  any 
person  arrested  upon  any  warrant  herein  provided  for  shall, 
without  unnecessary  delay,  be  taken  before  the  City  court  to 
which  such  warrant  is  returnable  and  tried  for  the  alleged 
■offense. 

Section  52.  That  upon  the  arrest  of  any  person  for  any 
criminal  or  quasi  criminal  offense  within  the  jurisdiction  of  any 
city  court,  the  chief  of  police  or  any  captain,  lieutenant  or  ser- 
geant of  police  of  the  city  of  Chicago  shall  have  power  to  let 
such  person  to  bail.  The  bail  bond  in  any  such  case  shall  be 
conditioned  for  the  appearance  of  the  person  arrested  before 
some  one  of  the  city  courts  or  some  one  of  the  branches  thereof 
at  a  time  fixed  in  such  bond  for  such  appearance,  which  time 
shall  be  not  later  than  two  days  after  the  date  of  the  bond.  Any 
bond  so  taken  shall  be  signed  by  one  or  more  sureties  to  be  ap- 
proved by  such  officer,  who  shall  be  authorized  and  required  to 
administer  oaths  for  the  purpose  of  ascertaining  the  sufficiency 
of  the  sureties.  All  bonds  so  taken  shall  be  filed  with  the 
clerk  of  the  City  Court  or  of  the  branch  thereof  at  which  the 
person  so  arrested  is  required  to  appear.  The  exercise  of  the 
power  hereby  conferred  of  letting  to  bail  shall  be  subject  to  regu- 
37 


578  PRACTICE   IN   THE   MUNICIPAL   COURT. 

lations  by  such  rules  as  may  be  adopted  by  a  majority  of  the 
judges  of  the  Common  Pleas  Court  as  herein  provided.  But  any 
person  so  arrested  shall  have  the  right  to  be  brought  immediately 
before  the  City  Court  in  the  district  in  which  he  is  arrested,  or, 
if  there  be  no  judge  then  in  attendance  upon  such  court,  to  any 
other  City  Court  at  which  there  may  be  a  judge  then  in  attend- 
ance, to  be  dealt  with  by  such  court  according  to  law. 

Section  53.  That  if  the  method  of  procedure  in  any  case 
within  the  jurisdiction  of  the  Common  Pleas  Court  or  of  any 
City  Court,  is  not  sufficiently  prescribed  by  this  act  or  by  any 
rule  of  court  adopted  in  pursuance  hereof,  the  court  in  which 
the  same  is  brought  or  proposed  to  be  brought,  may  make  such 
provision  for  the  conducting  and  disposing  of  the  same  as  may 
appear  to  the  court  proper  for  the  just  determination  of  the 
rights  of  the  parties. 

Section  54.  That  both  in  direct  and  in  collateral  proceedings 
the  same  presumptions  shall  be  indulged  with  respect  to  the 
jurisdiction  of  the  Common  Pleas  Court  and  the  City  Courts 
over  the  subject-matter  of  suits  and  over  the  parties  thereto,  as 
are  indulged  with  respect  to  the  jurisdiction  of  Circuit  Courts 
in  like  cases. 

Section  55.  That  any  money  judgment  rendered  by  the  Com- 
mon Pleas  Court  or  by  any  City  Court,  when  no  execution  is- 
sued thereon  is  outstanding,  may  be  satisfied  by  the  payment  by 
the  party  against  whom  the  same  has  been  rendered  of  the 
amount  thereof  to  the  clerk  of  said  court,  who,  upon  payment 
being  made,  shall  enter  satisfaction  thereof  and  shall  upon,  de- 
mand, pay  over  the  money  received  by  him  to  the  person  appear- 
ing of  record  to  be  entitled  thereto. 

Section  56.  That  the  Common  Pleas  Court  and  each  City 
Court  shall  take  judicial  notice  of  all  matters  of  which  courts 
of  general  jurisdiction  of  this  State  are  required  to  take  judicial 
notice,  and  also  of  the  following: 

1.  All  general  ordinances  of  the  City  of  Chicago. 

2.  All  laws  of  a  public  nature  enacted  by  any  State  or  terri- 
tory of  the  United  States. 


APPENDIX.  579 

Section  57.  That  the  masters  in  chancery  of  the  Circuit  and 
Superior  Courts  of  Cook  county  shall  be  ex-officio  masters  in 
chancery  of  the  Common  Pleas  Court. 

Section  58.  That  the  costs  in  civil  cases  in  the  Common  Pleas 
Court  shall  be  as  follows: 

First.  The  plaintiff,  at  the  time  of  commencing  his  suit,  shall 
pay  to  the  clerk  in  full  for  all  services  to  be  rendered  by  said 
clerk  for  the  plaintiff  in  said  suit,  other  than  the  making  or  fur- 
nishing of  transcripts  of  the  record,  the  sum  of  Six  Dollars  ($6), 
and  if  he  at  the  same  time  files  with  the  clerk  a  demand  in  writ- 
ing of  a  trial  by  jury,  he  shall  pay  to  the  clerk  the  further  sum 
of  Twelve  Dollars  ($12),  to  be  applied  towards  the  payment  of 
the  fees  of  jurors  in  said  court. 

Second.  The  defendant,  at  the  time  of  filing  his  appearance 
and  before  he  shall  be  permitted  to  make  any  defense,  shall  pay 
to  the  clerk  in  full  for  all  services  to  be  rendered  by  said  clerk 
for  the  defendant  in  said  suit,  other  than  the  making  or  fur- 
nishing of  transcripts  of  the  record,  the  sum  of  Three  Dollars 
($3),  and  if  he  shall  at  the  same  time  file  with  the  clerk  a  de- 
mand in  writing  of  a  trial  by  jury  he  shall  pay  to  the  clerk  the 
further  sum  of  Twelve  Dollars  ($12),  to  be  applied  towards  the 
payment  of  the  fees  of  jurors  in  said  court. 

Third.  The  costs  to  be  paid  for  the  services  of  the  bailiff  and 
of  sheriffs  and  other  costs  not  included  in  the  above,  shall  be  the 
same  as  those  required  by  law,  from  time  to  time,  to  be  paid  for 
similar  services  in  cases  in  the  Circuit  Court  of  Cook  County. 

But  the  court  may,  in  its  discretion,  order  that  an  advance 
payment  of  costs  may  be  waived  in  favor  of  any  poor  person 
whose  financial  circumstances,  as  made  to  appear  to  the  court,  are 
such  that  such  advance  payment  would  be  unduly  burdensome  or 
oppressive. 

The  costs  in  criminal  cases  in  the  Common  Pleas  Court  shall  be 
the  same  as  the  costs  prescribed  by  law,  from  time  to  time,  for 
similar  cases  in  the  Criminal  Court  of  Cook  County. 

The  amounts  hereby  required  to  be  advanced,  when  a  demand 
in  writing  of  a  trial  by  jury  is  filed,  to  be  applied  towards  the 
payment  of  the  fees  of  jurors  in  said  court,  shall  be  returned  to 
the  party  advancing  the  same,  in  ease  before  the  trial  and  before 


580  PRACTICE  IN  THE   MUNICIPAL   COURT. 

a  jury  is  called,  such  party  withdraws  his  demand  in  writing  of 
a  trial  by  jury.  Otherwise  the  amount  so  advanced  shall  be  paid 
into  the  county  treasury. 

Section  59.  That  there  shall  be  taxed  as  costs  in  favor  of  the 
successful  party  in  every  civil  suit  tried  and  determined,  other- 
wise than  upon  default  or  by  confession  of  judgment,  in  the 
Common  Pleas  Court  an  attorney's  fee  of  Twenty-five  Dollars 

($25). 

Section  60.  That  the  costs  in  civil  cases  in  the  city  courts 
shall  be  as  follows : 

First.  The  plaintiff  at  the  time  of  commencing  his  suit  shall 
pay  to  the  clerk  in  full  for  all  services  to  be  rendered  by  said 
clerk  if  it  be  other  than  an  action  of  forcible  entry  and  detainer, 
the  sum  of  Two  Dollars  ($2)  when  the  amount  claimed  by  him,  in 
money  or  property,  does  not  exceed  One  Hundred  Dollars 
($100),  and  the  sum  of  Five  Dollars  ($5)  w^hen  the  amount 
claimed  by  him  exceeds  One  Hundred  Dollars  ($100),  and  the 
sum  of  Five  Dollars  ($5)  in  a  case  of  forcible  entry  and  de- 
tainer, and,  if  the  plaintiff  in  any  civil  case,  at  the  time  he  com- 
mences his  suit,  files  with  the  clerk  a  demand  in  writing  of  a 
trial  by  jury,  he  shall  pay  to  the  clerk  the  further  sum  of  Six 
Dollars  ($6)  as  jurors'  fees. 

Second.  The  defendant,  at  the  time  of  his  appearance,  if  he 
shall  at  the  same  time  file  with  the  clerk  a  demand  in  writing 
of  a  trial  by  jury,  shall  pay  to  the  clerk  the  further  sum  of  Six 
Dollars  ($6)  as  jurors'  fees. 

Third.  The  party  delivering  to  the  bailiff  any  summons,  writ 
of  attachment,  writ  of  replevin,  subpoena,  writ  of  execution  or 
other  process,  shall,  at  the  time  of  making  such  delivery,  pay  to 
the  bailiff  the  sum  of  One  Dollar  ($1)  for  each  defendant  named 
in  such  process  upon  whom  service  thereof  is  to  be  made,  and, 
in  case  of  writs  of  attachment,  replevin  or  execution,  he  shall 
pay  to  the  bailiff  the  further  sum  of  One  Dollar  ($1)  when  any 
levy  upon  or  seizure  of  property  is  to  be  made  thereunder,  and 
shall  also  pay  to  the  bailiff  the  actual  expense  of  seizing  and 
caring  for  any  property  levied  upon  or  seized  thereunder. 

Fourth.  The  party  procuring  any  certified  copy  of  the  record 
or  of  any  portion  thereof  in  any  case  shall  pay  to  the  clerk  the 


APPENDIX.  581 

same  fees  required  by  law,  from  time  to  time,  to  be  paid  to  the 
clerk  of  the  Circuit  Court  of  Cook  County  for  similar  services. 

Fifth.  As  commissions  on  moneys  realized  by  execution,  the 
bailiff  shall  collect  from  the  defendant  in  the  execution  five  per 
cent,  upon  the  amount  realized,  if  it  do  not  exceed  One  Hundred 
Dollars  ($100),  but  if  the  amount  realized  exceeds  One  Hundred 
Dollars  ($100)  the  bailiff  shall  collect  five  per  cent,  on  the  first 
One  Hundred  Dollars  ($100)  and  three  per  cent,  upon  the  excess 
over  One  Hundred  Dollars  ($100). 

The  amount  above  required  to  be  advanced  upon  a  demand  in 
writing  of  a  trial  by  jury  shall  be  refunded  to  the  party  advan- 
cing the  same  in  case  such  suit  shall  not  be  tried  by  jury  and  no 
jury  shall  have  been  summoned  for  the  trial  thereof. 

Section  61.  That  the  costs  in  criminal  and  in  quasi  criminal 
cases  and  proceedings  in  the  City  courts,  instituted  in  the  name 
or  by  the  authority  of  the  people  or  in  the  name  of  any  State 
or  county  officer  in  his  official  capacity,  shall  be  as  follows : 

First.  The  clerk's  fees  in  full  for  all  services  rendered  by 
him  shall  be  the  sum  of  Six  Dollars  ($6). 

Second.  The  bailiff's  fees  shall  be  the  same  as  those  which 
may  now  or  hereafter  be  fixed  by  law  for  the  sheriff*  in  counties 
of  the  third  class  for  similar  services. 

All  moneys  collected  upon  judgments  of  the  City  courts  in 
such  cases  shall  be  paid  to  the  clerk,  who  shall,  at  the  end 
of  every  three  months,  apply  the  same,  or  so  much  thereof  as 
may  be  necessary,  to  the  payment  of  the  ujicollected  costs  in 
criminal  and  quasi  criminal  cases  instituted  in  the  City  courts 
in  the  name  of  the  people,  or  in  the  name  of  any  State  or  county 
officer  in  his  official  capacity,  and  pay  over  the  balance,  if  any, 
to  the  officer  entitled  by  law  to  receive  the  same. 

Section  62.  That  the  costs  in  cases  in  the  City  courts  insti- 
tuted in  the  name  of  the  City  of  Chicago  or  in  the  name  of  any 
officer  thereof  in  his  official  capacity,  shall  be  as  follows : 

First.  The  clerk's  fees  in  full  for  all  services  rendered  by 
him  shall  be  the  sum  of  Six  Dollars  ($6). 

Second.  The  bailiff's  fees  shall  be  the  same  as  those  which 
may  now  or  hereafter  be  fixed  by  law  for  the  sheriff  in  counties 
of  the  third  class  for  similar  services. 


582  PRACTICE  IN  THE  MUNICIPAL   COURT. 

All  moneys  collected  upon  judgments  of  the  City  courts  in 
cases  for  the  violation  of  the  ordinances  of  the  City  of  Chicago 
shall  be  paid  to  the  clerk,  who  shall  pay  over  the  same  to  the 
City  of  Chicago,  within  one  week  after  receiving  the  same. 

Section  63.  That  all  costs  collected  in  each  week  by  the  clerk 
and  bailitf  shall  be  paid  over  by  them  respectively  to  the  City 
of  Chicago  on  the  Monday  of  the  succeeding  week,  and  the  clerk 
and  bailiff  shall  be  held  personally  responsible  for  all  costs  re- 
quired to  be  paid  to  them  in  advance  as  hereinbefore  provided. 
They  shall  be  required  to  keep  complete  and  accurate  accounts  of 
all  moneys  collected  by  them,  and  such  accounts  shall,  under  the 
direction  of  the  chief  justice  of  said  Common  Pleas  Court,  be 
examined  and  audited  monthly,  the  expense  thereof  to  be  paid 
by  the  city. 

Section  64.  That  there  shall  be  taxed  as  costs  in  favor  of  the 
successful  party  in  every  civil  suit  tried  and  determined,  other- 
wise than  upon  default  in  any  City  Court,  an  attorney's  fee  as 
follows : 

First.  When  the  plaintiff,  in  a  suit  for  the  recovery  of  money, 
only  recovers  judgment  he  shall  be  allowed  an  attorney's  fee  for 
Five  Dollars  ($5)  and  an  additional  sum  equal  to  five  (5)  per 
cent,  af  the  excess,  if  any,  of  the  amount  of  the  judgment  over 
Fifty  Dollars  ($50). 

Second.  When  the  defendant,  in  a  suit  for  the  recovery  of 
money  only,  recovers  judgment  he  shall  be  allowed  an  attorney's 
fee  of  Five  Dollars  ($5)  and  an  additional  sum  equal  to  five  (5) 
per  cent,  of  the  excess,  if  any,  of  the  amount  claimed  by  the 
plaintiff  over  Fifty  Dollars  ($50),  and  five  (5)  per  cent,  of  the 
amount  of  any  judgment  which  the  defendant  may  recover  of  the 
plaintiff. 

Third.  In  actions  for  forcible  entry  and  detainer  the  success- 
ful party  shall  be  allowed  an  attorney's  fee  of  Ten  Dollars  ($10). 

Fourth.  In  actions  of  replevin,  the  successful  party  shall  be 
allowed  au  attorney's  fee  of  ten  dollars  ($10). 

Section  65.  That  the  provisions  hereof  respecting  costs,  other 
than  those  taxed  as  attorneys'  fees,  shall  be  subject  to  be  changed, 
from  time  to  time,  by  rules  adopted  by  a  majority  of  the  judges 


APPENDIX.  583 

of  the  Common  Pleas  Court  as  herein  provided,  but  such  rules 
shall  not  take  effect  until  approved  by  resolution  of  the  City 
Council  of  the  City  of  Chicago. 

Section  66.  That  the  City  of  Chicago,  as  compensation  for  the 
expenses  occasioned  by  the  trial  and  disposition,  in  the  Common 
Pleas  Court,  of  cases  which  would  otherwise  be  disposed  of  in  the 
Circuit,  Superior  and  Criminal  Courts  of  Cook  County,  and  for 
the  services  which  may  be  rendered  by  the  judges  of  the  Com- 
mon Pleas  Court  in  said  Circuit  and  Superior  Courts,  shall,  in 
addition  to  the  payment  by  the  county  of  the  fees  of,  and  costs  of 
summoning,  grand  and  petit  jurors  as  herein  provided,  be  enti- 
tled to  reimbursement  by  the  County  of  Cook  for  the  expenses  of 
procuring  and  maintaining  suitable  places  for  the  holding  of  the 
Conunon  Pleas  court  and  each  branch  thereof,  unless  the  said 
county  shall  itself  provide  suitable  places  for  the  holding  of  said 
Common  Pleas  Court  and  the  branches  thereof,  in  which  case 
such  Common  Pleas  Court  and  the  branches  thereof  shall  be  held 
in  the  places  provided  therefor  by  said  county.  The  expenses 
thus  provided  for  to  be  paid  by  the  county  shall  be  ascertained 
and  certified  to  quarterly  by  the  chief  justice  of  the  Common 
Pleas  Court  and  paid  to  the  city  out  of  the  county  treasury  upon 
the  presentation  of  his  certificate. 

Section  67.  That  the  offices  of  justices  of  the  peace,  police 
magistrates  and  constables  in  and  for  the  territory  within  the 
City  of  Chicago  be  and  they  are  hereby  abolished,  and  that  the 
jurisdiction  of  justices  of  the  peace  in  the  territory  of  the  County 
of  Cook  outside  of  the  City  of  Chicago  be  and  it  is  hereby  limited 
to  the  territory  outside  of  said  city,  but  this  section  of  this  act 
shall  not  become  operative  until  the  first  Monday  of  July,  A.  D. 
1906,  and  on  and  after  said  date  the  jurisdiction  hereby  con- 
ferred upon  the  Common  Pleas  Court  and  upon  the  City  courts 
shall  exclude  the  exercise  of  any  portion  of  such  jurisdiction  by 
all  other  courts  excepting  courts  of  record,  and  on  and  after 
said  first  Monday  of  July  A.  D.  1906,  no  other  court  than  a  court 
of  record  shall  exercise  jurisdiction  in  any  case  of  which  either 
said  Conunon  Pleas  Court  or  either  of  said  City  courts  is  given 
jurisdiction  by  this  act. 

Section  63.     That  when  the  offices  of  justices  of  the  peace 


584  PRACTICE  IN   THE   MUNICIPAL   COURT. 

within  the  city  of  Chicago  shall  be  abolished,  the  docket  of  each 
justice  of  the  peace,  whose  office  is  thus  abolished  shall  be  forth- 
with delivered  up  to  the  clerk  of  the  First  City  Court  of  Chi- 
cago. Executions  may  be  issued  by  the  clerk  of  said  court  upon 
any  unsatisfied  judgments  rendered  by  such  justice  of  the  peace 
in  all  cases  in  which  the  same  might  have  been  issued  had  such 
office  of  justice  of  the  peace  not  been  abolished,  and  said  City 
court  shall  allow  an  appeal  to  the  Circuit  or  Superior  Court  of 
Cook  county  from  any  judgment  rendered  by  any  justice  of  the 
peace  within  twenty  days  prior  to  the  first  Monday  of  July,  A.  D. 
1906,  upon  the  giving  by  the  appellant  of  an  appeal  bond  with 
security  as  now  required  by  law  in  cases  of  appeals  from 
justices  of  the  peace,  provided  such  appeaJ  is  prayed  at  any  time 
within  twenty  days  after  the  first  Monday  of  July,  A.  D.  1906. 
In  all  cases  not  determined  or  finally  disposed  of  by  such  justice 
of  the  peace  at  the  time  his  office  is  abolished,  such  proceedings 
shall  be  had  in  said  First  City  Court  of  Chicago  as  might  be  had 
were  such  suits  originally  brought  in  said  court,  but  no  trial  of 
any  such  case  shall  be  had  in  said  City  court  without  such  notice 
to  the  parties  thereto  as  the  court  may  deem  necessary.  All  writs 
issued  by  justices  of  the  peace  within  the  City  of  Chicago  and 
which  shall  not  have  been  returned  on  the  fii'st  Monday  of  July, 
A.  D.  1906,  shall  be  forthwith  returned  to  the  First  City  Court  of 
Chicago,  and  said  First  City  Court  of  Chicago  shall  have  full 
power  to  make  such  provision  for  the  execution  or  other  disposi- 
tion of  all  such  writs  as  said  court  may  deem  proper  for  the  pro- 
tection of  the  rights  of  the  respective  parties  to  the  suits  in 
which  such  writs  have  been  issued. 

Section  69.  That  it  shall  be  the  duty  of  the  chief  justice  of 
the  Common  Pleas  Court  to  superintend  the  keeping  of  the  rec- 
ords of  said  court  and  to  prescribe  abbreviated  forms  of  entries 
of  orders  therein  in  civil  cases,  which  abbreviated  forms  so  pre- 
scribed shall  have  the  same  force  and  effect  as  if  said  orders 
were  entered  in  full  in  the  records  of  said  court.  When  any  cer- 
tified transcript  of  the  record,  or  of  any  portion  thereof,  of  any 
suit  or  proceeding  in  said  court  is  required,  the  same  shall  be 
written  out  in  full  from  such  abbreviated  forms  and  duly  authen- 
ticated according  to  law. 


APPENDIX.  585 

Section  70.  That  the  clerk  of  the  Common  Pleas  Court  shall 
procure  suitable  dockets  with  forms  approved  by  the  chief  justice 
of  the  Common  Pleas  Court  for  the  keeping  of  necessary  memo- 
randa of  the  proceedings  and  the  entry  of  judgment  in  each  suit 
or  proceeding  instituted  in  the  City  courts  and  the  docket  so  kept 
shall  constitute  the  records  of  said  courts  in  the  suits  entered 
therein,  and  no  further  or  other  records  thereof  shall  be  kept,  ex- . 
cepting  records  for  such  proceedings  of  said  courts  as  do  not 
form  a  part  of  the  records  of  suit's  pending  or  determined 
therein. 

Section  71.  That  the  orders,  judgments  and  decrees  of  the 
Common  Pleas  Court  shall  have  the  same  force,  be  of  the  same 
effect,  be  liens  upon  real  estate  in  the  City  of  Chicago  to  the 
same  extent  and  under  the  same  circumstances,  and  be  executed 
and  enforced  in  the  same  manner  as  the  judgments,  orders  and 
decrees  of  the  Circuit  Court  of  Cook  County,  and  such  judgment 
and  decrees  shall  also  be  liens  upon  real  estate  in  the  County  of 
Cook  outside  of  the  City  of  Chicago  after  certified  transcripts  of 
the  same  shall  have  been  filed  in  the  office  of  the  Recorder  of 
Cook  County,  which  transcripts  shall  contain  the  names  of  the 
parties  to  the  suits,  the  kinds  of  actions,  the  amounts  of  the  judg- 
ments, or  the  general  nature  and  effect  of  the  decrees  as  the  case 
may  be,  and  the  dates  on  which  the  judgments  and  decrees  were 
rendered. 

Section  72.  That  every  judgment  of  a  City  court  shall  be  a 
lien  upon  the  real  estate  of  the  person  against  whom  it  is  ob- 
tained from  the  time  of  the  filing  of  a  certified  transcript  thereof 
in  the  office  of  the  Recorder  of  Cook  County,  which  transcript 
shall  contain  the  names  of  the  parties  to  the  suit,  the  kind  of 
action,  the  amount  of  the  judgment  and  the  date  upon  which 
the  same  was  rendered.  The  Recorder  of  Cook  County  shall 
provide  and  keep  in  his  office  for  said  Common  Pleas  Court  and 
for  said  City  courts  well  bound  books  for  entering  therein  an 
alphabetical  docket  of  all  judgments  and  decrees  rendered  in  said 
Common  Pleas  Court  and  in  said  City  courts  as  is  now  required 
by  law  for  docketing  judgments  and  decrees  rendered  in  Circuit 
Courts,  and  shall  forthwith,  after  the  filing  of  any  transcript 
herein  provided  for,  enter  the  same,  together  with  the  hour,  day, 


586  PRACTICE  IN  THE  MUNICIPAL  COURT. 

month  and  year  of  the  filing  of  such  certified  transcript  and  the 
general  number  thereof. 

Section  73.  That  in  case  it  shall  be  hereafter  determined 
that  so  much  of  Sections  Eight  (8)  and  Eleven  (11)  hereof  as 
fixes  the  terms  of  office  of  the  chief  justice  and  associate  judges 
of  the  Common  Pleas  Court  is  invalid,  this  act  shall  not  on  that 
account  be  adjudged  wholly  invalid,  but  the  terms  of  the  office 
of  the  chief  justice  and  associate  judges  of  said  Common  Pleas 
Court  shall,  in  such  case,  be  four  years,  and  they  shall  hold  their 
offices  until  their  successors  shall  be  elected  and  qualified,  and  on 
the  first  Monday  of  June,  A.  D.  1910,  and  on  the  first  Monday  of 
June  every  fourth  year  thereafter  shall  be  elected  a  chief  justice 
and  twenty-four  associate  judges  of  said  Common  Pleas  Court 
as  successors  in  office  of  the  judges  hereby  required  to  be  elected 
on  the  first  Monday  of  June,  A.  D.  1906,  and  the  terms  of  office  of 
the  associate  judges  which  may  be  added  to  said  Common  Pleas 
Court  in  pursuance  of  Section  Eleven  (11)  hereof  shall  be  four 
years. 

Section  74,  That  the  invalidity  of  any  portion  of  this  act 
shall  not  affect  the  validity  of  any  other  portion  thereof,  which 
can  be  given  effect  without  such  invalid  part. 

Section  75.  That  this  act  shall  be  submitted  to  a  vote  of  the 
legal  voters  of  the  City  of  Chicago  at  the  general  election  to  be 
held  on  the  first  Tuesday  after  the  first  Monday  of  November, 
A.  D.  1905,  and  if  a  majority  of  the  legal  voters  of  said  city 
voting  on  the  question  at  such  election  shall  consent  to  this  act 
the  same  shall  thereupon  immediately  take  effect  and  become 
operative. 


APPENDIX.  587 

HOUSE  BILL  NO.  422. 

A  BILL 

For  an  act  in  relation  to  municipal  courts  in  the  City  of  Chi- 
cago. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois, represented  in  the  General  Assembly:  That  there  shall  be 
established  in  and  for  the  City  of  Chicago  one  municipal  court 
which  shall  be  styled  "The  Common  Pleas  Court  of  Chicago," 
and  which  will  be  hereinaften  designated  as  the  Common  Pleas 
Court,  and  additional  municipal  courts,  which,  until  otherwise 
provided,  shaU  be  five  in  number  and  shall  be  styled,  respec- 
tively, "The  First  City  Court  of  Chicago,"  "The  Second  City 
Court  of  Chicago,"  "The  Third  City  Court  of  Chicago,"  "The 
Fourth  City  Court  of  Chicago"  and  "The  Fifth  City  Court  of 
Chicago,"  and  which  wiU  be  hereinafter  designated  as  City 
courts. 

Section  2.  That  the  Common  Pleas  Court  shall  have  original 
jurisdiction,  within  the  City  of  Chicago,  in  the  following  cases : 

First.  All  civil  cases  and  proceedings  of  every  kind  and  char- 
acter, other  than  suits  in  equity. 

Second.  All  suits  in  equity  which  may  be  transferred  to  it, 
by  change  of  venue  or  otherwise,  by  the  Circuit  Court  of  Cook 
County,  or  by  the  Superior  Court  of  Cook  County,  for  trial  and 
disposition. 

Third.  AU  criminal  cases  which  may  be  transferred  to  it  by 
change  of  venue  or  otherwise  by  the  criminal  court  of  Cook 
county,  or  which  may  be  prosecuted  by  information  as  herein 
provided. 

Section  3.  That  the  City  Courts  shall  have  jurisdiction, 
within  the  City  of  Chicago,  in  the  following  cases : 

First.  All  those  classes  of  suits  and  proceedings,  whether  civil 
or  criminal,  of  which  justices  of  the  peace  are  now  given  juris- 
diction by  law,  in  all  of  which  classes  of  suits  and  proceedings 
said  City  courts  shall    have    jurisdiction  excepting  when  the 


588  PRACTICE  IN   THE   MUNICII'.U.   COURT. 

amount  sought  to  be  recovered,  whether  by  way  of  damages,  pen- 
alty, fine  or  otherwise,  if  the  suit  or  proceeding  be  for  the  re- 
covery of  money  only,  or  the  value  of  the  personal  property 
claimed,  if  the  suit  or  proceeding  be  brought  for  the  recovery 
of  personal  property,  exceeds  Five  Hundred  Dollars  ($500), 
provided,  however,  that  in  any  action  upon  a  bond,  the  amount 
sought  to  be  recovered  thereon  and  not  the  penalty  of  the  bond 
shall  determine  the  jurisdiction,  and  that  when  payments  are  to 
be  made  by  installments,  an  action  may  be  brought  in  a  City 
court  for  any  installment  not  exceeding  Five  Hundred  Dollars 
($500)  as  it  becomes  due. 

Second.  All  other  suits  at  law,  for  the  recovery  of  money 
only,  when  the  amount  claimed  does  not  exceed  Five  Hundred 
Dollars  ($500). 

Section  4.  That  the  Common  Pleas  Court  shall  be  held  at 
such  place  or  places  in  said  city  as  may  be  provided  for  that 
purpose  by  the  corporate  authorities  thereof,  or  by  the  County 
of  Cook.  The  City  courts  shall  be  held  at  such  place  or  places 
as  may  be  provided  by  the  corporate  authorities  of  said  city,  at 
the  expense  of  the  city,  within  the  respective  territorial  limits 
within  which  they  are  to  be  located  and  exercise  their  jurisdic- 
tion, which  territorial  limits  shall,  until  otherwise  provided,  be 
respectively  as  follows : 

For  the  First  City  Court  of  Chicago,  the  territory  bounded  on 
the  East  by  Lake  Michigan,  on  the  North  by  the  city  limits,  on 
the  West  by  the  center  line  of  Western  avenue  from  the  city 
limits  on  the  North  to  the  center  line  of  Fifty-fifth  street,  thence 
on  the  South  by  the  center  line  of  Fifty-fifth  street  to  the  center 
line  of  State  street,  thence  on  the  West  by  the  center  line  of 
State  street  to  the  center  line  of  Sixty-third  street,  thence  on  the 
South  by  the  center  line  of  Sixty-third  street  to  the  center  line  of 
Cottage  Grove  avenue,  thence  on  the  West  by  the  center  line  of 
Cottage  Grove  avenue  to  the  center  line  of  Seventy-first  street, 
and  thence  on  the  South  by  the  center  line  of  Seventy-first  street 
to  Lake  Michigan,  which  shall  be  known  as  the  First  District. 

For  the  Second  City  Court  of  Chicago  the  territory  bounded 
on  the  South  by  the  city  limits,  on  the  East  by  the  city  limits, 
and  Lake  Michigan,  on  the  North  by  the  center  line  of  Seventy- 


d 


I 


APPENDIX.  589 

first  street,  and  on  the  West  by  the  center  line  of  Cottage  Grove 
avenue,  which  shall  be  known  as  the  Second  District. 

For  the  Third  City  Court  of  Chicago  the  territory  bounded  on 
the  West  and  South  by  the  city  limits,  on  the  East  by  the  center 
line  of  Cottage  Grove  avenue  from  the  city  limits  on  the  South 
to  the  center  line  of  Sixty-third  street,  thence  on  the  North  by 
the  center  line  of  Sixty-third  street  to  the  center  line  of  State 
street,  thence  on  the  east  by  the  center  line  of  State  street  to  the 
center  line  of  Fifty-fifth  street,  thence  on  the  North  by  the  cen- 
ter line  of  Fifty-fifth  street  to  the  city  limits  on  the  West,  which 
shall  be  known  as  the  Third  District. 

For  the  Fourth  City  Court  of  Chicago  the  territory  bounded 
on  the  South  by  the  center  line  of  Fifty-fifth  street,  on  the  East 
by  the  center  line  of  Western  avenue,  on  the  North  by  the  center 
line  of  Lake  street  and  on  the  West  by  the  city  limits,  which 
shall  be  known  as  the  Fourth  District. 

For  the  Fifth  City  Court  of  Chicago,  the  territory  bounded 
on  the  South  b}^  the  center  line  of  Lake  street,  on  the  East  by  the 
center  line  of  Western  avenue,  and  on  the  North  and  West  by 
the  city  limits,  which  shall  be  known  as  the  Fifth  District. 

If  no  place  shall  be  provided  by  the  corporate  authorities  of 
said  city  or  by  the  County  of  Cook  for  the  holding  of  the  Com- 
mon Pleas  court  or  any  branch  thereof  or  of  any  City  court  or 
branch  thereof,  or  if  the  place  so  provided  become  unfit,  said 
Common  Pleas  Court  or  branch  thereof,  or  said  City  court  or 
branch  thereof,  may,  by  an  order  signed  by  a  majority  of  the 
judges  of  the  Common  Pleas  Court  and  entered  of  record  in  said 
Common  Pleas  Court  or  branch  thereof,  or  in  said  City  court 
or  branch  thereof,  adjourn  to  or  convene  at  a  suitable  place  for 
holding  said  court  or  branch  thereof  procured  for  that  purpose 
by  said  judges,  within  the  district  in  which  it  is  located,  and  at 
such  place  may  hold  said  court  until  a  suitable  place  therefor  be 
furnished  by  such  corporate  authorities.  The  expense  of  pro- 
curing such  place  to  which  said  court  is  adjourned  or  at  which 
it  is  convened  shall  be  paid  by  the  city.  The  number  of  the  City 
courts  may  be  increased  or  diminished,  and  the  boundaries  of 
the  districts  may  be  changed,  from  time  to  time,  by  orders  signed 
by  a  majority  of  the  judges  of  the  Common  Pleas  Court  and 
spread  upon  the  records  thereof,  which  orders  shall  be  published 


590  PRACTICE   IN   THE   MUNICIPAL   COURT. 

for  three  successive  weeks,  once  each  week,  in  some  newspaper  of 
general  circulation  in  the  City  of  Chicago,  and  shall  take  effect 
respectively  within  thirty  days  after  the  last  publication  thereof ; 
provided,  however,  no  such  change  in  the  number  of  boundaries 
of  districts  shall  become  effective  unless  the  order  therefor  shall 
have  been  approved  by  the  City  Council  of  the  City  of  Chicago. 

Section  5.  That  said  respective  courts  shall  have  seals  and 
may  from  time  to  time  as  may  be  necessary  renew  the  same.  The 
expense  of  said  seals  and  renewing  the  same  shall  be  paid  by  the 
City  of  Chicago. 

Section  6.  That  all  blanks,  books,  papers,  stationery  and  fur- 
niture necessary  to  the  keeping  of  the  records  of  the  proceedings 
of  such  Common  Pleas  Court  and  said  City  courts,  and  the  trans- 
action of  the  business  thereof,  shall  be  furnished  the  officers  of 
such  courts  at  the  expense  of  the  city. 

Section  7.  That  said  Common  Pleas  Court  shall  consist  of 
twenty-five  (25)  judges,  one  of  whom  shall  be  chief  justice  and 
the  remaining  twenty-four  (24)  of  whom  shall  be  associate 
judges,  and  all  of  said  judges  shall  be  ex-officio  judges  of  the 
City  courts.  Said  Common  Pleas  Court  and  said  City  courts 
may  be  divided,  from  time  to  time,  into  as  many  branches  as  may 
be  deemed  necessary  for  the  prompt  and  proper  disposition  of 
the  business  of  said  respective  courts  and  as  may  be  determined 
by  the  chief  justice.  Each  branch  shall  be  presided  over  by  a 
single  judge.  The  chief  justice,  in  addition  to  the  exercise  of  all 
the  other  powers  of  a  judge  of  said  courts,  shall  have  the  general 
superintendence  of  the  business  of  all  of  said  courts;  he  shall 
preside  at  all  meetings  of  the  judges,  and  he  shall  assign  the 
associate  judges  to  duty  in  the  branches  of  said  courts,  from 
time  to  time,  as  he  may  deem  necessary  for  the  prompt  disposi- 
tion of  the  business  thereof,  and  it  shall  be  the  duty  of  each 
associate  judge  to  attend  and  serve  at  any  branch  of  either  of 
said  courts  to  which  he  may  be  assigned,  but  the  chief  justice 
shall  only  assign  such  number  of  judges  to  duty  in  the  Common 
Pleas  Court  as  may  not,  from  time  to  time,  be  needed  for  the 
prompt  disposition  of  the  business  of  the  City  Courts.  Provided, 
that  no  judge  shall  be  assigned  to  duty  in  said  Common  Pleas 
Court  for  a  longer  period  than  six  months  at  any  one  time,  and 


APPENDIX.  591 

that  a  period  of  at  least  six  months  shall  intervene  between  the 
assignments  of  any  one  of  such  judges  to  duty  in  said  Common 
Pleas  Court,  it  being  the  intent  hereof  that  assignment  of  judges 
to  duty  in  said  Common  Pleas  Court  shall  be  in  rotation  as  near 
as  may  be,  consistent  with  and  conducive  to  the  prompt  dispatch 
of  the  business  of  said  courts. 

The  chief  justice  shall  also  superintend  the  preparation  of  the 
calendars  of  cases  for  trial  in  the  respective  courts  and  shall 
make  such  classification  and  distribution  of  the  same  upon  differ- 
ent calendars  as  he  shall  deem  proper  and  expedient.  Each  asso- 
ciate judge  shall  at  the  commencement  of  each  month  make  to 
the  chief  justice  under  his  official  oath  a  report  in  writing  of  the 
duties  performed  by  him  during  the  preceding  month,  which  re- 
port shall  specify  the  number  of  days'  attendance  in  court  of 
such  judge  during  such  month,  and  the  courts  upon  which  he  has 
attended,  and  the  number  of  hours  per  day  of  such  attendance, 
for  which  the  chief  justice  shall  cause  suitable  blanks  to  be  pre- 
pared and  furnished  to  the  associate  judges.  Each  judge  shall 
be  entitled  to  vacations  which  shall  not  exceed  forty-two  days  in 
all  in  any  one  year,  and  which  shall  be  taken  at  such  times  aa 
may  be  determined  by  the  chief  justice.  The  chief  justice  must 
give  his  attention  faithfully  to  the  discharge  of  the  duties  espe- 
cially pertaining  to  his  office  and  to  the  performance  of  such 
additional  judicial  work  as  he  may  be  able  to  perform.  Each 
associat?  judge  must  perform  his  share  of  the  labors  and  duties 
appertaining  to  the  office.  At  least  one  associate  judge  must  be 
in  attendance  in  each  City  court  six  hours  of  each  day,  except 
Sunday,  a  public  holiday,  or  a  day  upon  which  the  inhabitants 
of  the  City  of  Chicago  generally  refrain  from  business,  and  each 
associate  judge,  while  in  the  court  room  or  in  chambers,  and  not 
actually  engaged  in  the  performance  of  other  official  duties  must 
act  upon  any  application  for  his  official  action,  properly  made  to 
him.  One  branch  of  the  First  City  Court  of  Chicago  shall  be 
kept  open  and  at  least  one  judge  assigned  for  that  purpose  by 
the  chief  justice,  shall  be  in  attendance  thereat,  each  day  ex- 
cepting Sunday  or  a  public  holiday  from  nine  o  'clock  a.  m.  until 
ten  o'clock  p.  m.,  excepting  two  hours'  intermission,  for  the 
transaction  of  such  business  as  may  come  before  it.  It  shall  be 
the  duty  of  the  chief  justice  and  associate  judges  to  meet  to- 
gether at  least  once  in  each  month,  excepting  the  month  of  An- 


592  PRACTICE   IN   THE   MUNICIPAL   COURT. 

gust,  in  each  year,  at  such  hour  and  place  as  may  be  designated 
by  the  chief  justice,  and  at  such  other  times  as  may  be  required 
by  the  chief  justice,  for  the  consideration  of  such  matters  per- 
taining to  the  administration  of  justice  in  said  Common  Pleas 
Court  and  in  said  City  courts  as  may  be  brought  before  them. 
At  such  meetings  they  shall  receive  and  investigate,  or  cause  to 
be  investigated,  all  complaints  presented  to  them  pertaining  to 
the  said  courts  and  to  the  officers  thereof,  and  shall  take  such 
steps  as  they  may  deem  necessary  or  proper  with  respect  thereto, 
and  they  shall  have  power  and  it  shall  be  their  duty  to  adopt  or 
cause  to  be  adopted  all  such  rules  and  regulations  for  the  proper 
administration  of  justice  in  said  courts  as  to  them  may  seem  ex- 
pedient. The  salary  of  the  chief  justice  shall  be  seven  thousand 
five  hundred  dollars  ($7,500)  per  annum  and  the  salary  of  an 
associate  judge  shall  be  six  thousand  dollars  ($6,000)  per  annum, 
payable  in  monthly  installments  out  of  the  city  treasury. 

Section  8.  That  the  chief  justice  and  the  associate  judges  of 
the  Common  Pleas  Court  provided  for  in  the  preceding  section 
shall  be  elected  on  the  first  Tuesday  of  April,  A.  D,  1906;  that 
the  chief  justice  shall  hold  his  office  for  the  term  of  six  years, 
and  until  his  successor  shall  be  elected  and  qualified ;  that  of  the 
said  associate  judges  so  to  be  elected  eight  (8)  shall  be  elected 
for  the  term  of  two  (2)  years,  eight '(8)  for  the  term  of  four 
(4)  years,  and  eight  (8)  for  the  term  of  six  (6)  years,  and  until 
their  respective  successors  shall  be  elected  and  qualified,  and  on 
the  first  Tuesday  of  April,  A.  D.  1908^  and  on  the  first  Tuesday 
of  April  of  every  sixth  year  thereafter,  and  on  the  first  Tuesday 
of  April,  A.  D.  1910,  and  on  the  first  Tuesday  of  April  of  every 
sixth  year  thereafter,  there  shall  be  elected  eight  (8)  associate 
judges  of  said  Common  Pleas  Court,  and  on  the  first  Tuesday  of 
April,  A.  D.  1912,  and  every  sixth  year  thereafter,  there  shall  be 
elected  a  chief  justice  and  eight  (8)  associate  judges  of  said 
Common  Pleas  Court  as  successors  in  office  of  the  chief  justice 
and  associate  judges  of  the  Common  Pleas  Court  by  this  act  re- 
quired to  be  elected,  each  of  whom  shall  hold  his  office  for  the 
term  of  six  years  and  until  his  successor  shall  be  elected  and 
qualified.  The  judges  so  required  to  be  elected  shall  enter  upon 
the  discharge  of  their  duties  on  the  first  Monday  of  June  follow- 
ing their  election.     But  the  city  council  of  the  city  of  Chicago 


APPENDIX.  593 

may  by  ordinance  change  the  dates  of  the  election  of  said  judges 
so  as  to  require  such  elections  to  be  held  on  the  same  dates  which 
may,  from  time  to  time,  be  prescribed  by  law  for  the  election  of 
aldermen  of  the  city  of  Chicago,  and  for  that  purpose  may 
lengthen  or  shorten  the  terms  of  office  of  the  judges  in  office  at 
the  time  such  changes  are  made:  Provided,  Jiowever,  that  no 
regular  election  of  judges  shall  be  held  on  the  date  which  may, 
from  time  to  time,  be  fixed  by  law  for  the  election  of  mayor  of 
the  city  of  Chicago.  Vacancies  in  the  offices  of  chief  justice  or 
associate  judge  of  the  Common  Pleas  Court  shall  be  filled  by 
election  at  the  regular  municipal,  judicial  or  other  general  elec- 
tion, which  shall  occur  next  after  a  period  of  thirty  (30)  days 
from  the  time  such  vacancies  respectively  occur,  but  where  the 
unexpired  term  does  not  exceed  one  year  the  vacancy  shall  be 
filled  by  appointment  by  the  Governor.  Whenever  a  vacancy 
occurs  in  the  office  of  the  chief  justice  or  whenever  the  chief  jus- 
tice shall  be  absent  from  the  city  of  Chicago,  or  incapacitated 
from  acting,  the  associate  judges  shall  select  one  of  their  number 
to  act  as  chief  justice  until  such  vacancy  shall  be  filled  by  elec- 
tion or  appointment  as  above  provided  for,  or  until  the  return 
of  the  chief  justice  or  until  his  incapacity  ceases. 

Section  9.  That  no  person  shall  be  eligible  to  the  office  of 
chief  justice  or  of  associate  judge  of  the  Common  Pleas  Court 
unless  he  shall  be  at  least  thirty  years  of  age  and  a  citizen  of  the 
United  States,  nor  unless  he  shall  have  resided  in  the  County  of 
Cook  and  been  there  engaged  either  in  active  practice  as  an 
attorney  and  counsellor  at  law  or  in  the  discharge  of  the  duties 
of  a  judicial  office,  five  years  next  preceding  his  election,  or  in 
one  of  said  occupations  during  a  portion  of  said  time  and  in  the 
other  the  remaining  portion  thereof,  and  shall,  at  the  time  of  his 
election,  have  been  a  duly  licensed  attorney  in  the  State  of  Illi- 
nois for  a  period  of  at  least  five  (5)  years,  and  shall  then  be  a 
resident  of  the  city  of  Chicago.  Nor  shall  any  person  be  eligible 
to  the  office  of  chief  justice  or  associate  judge  of  the  Common 
Pleas  Court,  who  shall  have  contributed  or  expended,  directly  or 
indirectly,  or  who  shall  have  agreed  to  contribute  or  expend, 
directly  or  indirectly,  any  money  or  property  whatever  for  the 
purpose  of  furthering  either  his  nomination  as  a  candidate  for 
38 


59-4  PRACTICE  IN  THE  MUNICIPAL   COURT. 

said  office  or  his  election  thereto,  or  the  nomination  or  election  of 
any  other  candidate  for  office  at  such  election. 

Section  10.  That  every  chief  justice  and  associate  judge  of 
such  Common  Pleas  Court,  before  he  enters  upon  the  duties  of 
his  office  shall  take  and  subscribe  the  following  oath  or  affir-ma- 
tion: 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will 
support  the  Constitution  of  the  United  States  and  the  Constitu- 
tion of  the  State  of  Illinois,  and  that  I  will  faithfully  discharge 
the  duties  of  the  office  of  chief  justice  (or  associate  judge)  of  the 
Common  Pleas  Court  of  Chicago  according  to  the  best  of  my 
ability. 

Said  oath  shall  be  filed  in  the  office  of  the  Secretary  of  State. 

Section  11,  That  whenever  two-thirds  in  number  of  the 
judges  of  the  Common  Pleas  Court  shall  transmit  to  the  City 
Council  of  the  City  of  Chicago  a  certificate  signed  by  them  that 
in  the  opinion  of  said  judges  the  business  of  said  Common  Pleas 
Court  and  of  said  City  Courts  is  such  as  to  require  an  increase 
in  the  number  of  the  associate  judges  of  said  Common  Pleas 
Court,  said  City  Council  may,  by  ordinance,  provide  for  an  in- 
crease of  not  more  than  six  in  the  number  of  said  judges,  who 
shall  be  elected  at  the  next  ensuing  municipal,  judicial  or  gen- 
eral election  in  said  city.  The  judges  elected  in  accordance  with 
such  ordinance  shall  hold  their  offices  until  the  next  ensuing  reg- 
ular election  of  judges  of  said  Common  Pleas  Court  and  until 
their  successors  shall  be  elected  and  qualified,  and  at  such  next 
ensuing  regular  election  of  judges  of  said  Common  Pleas  Court 
and  every  six  years  thereafter,  there  shall  be  elected  the  addi- 
tional number  of  judges  provided  by  said  ordinance,  as  success- 
ors in  office  of  said  additional  judges.  But  after  such  increase 
in  the  number  of  judges  is  once  so  made  by  ordinance,  no  sub^ 
sequent  increase  thereof  shall  be  made  by  the  City  Council. 

Section  12.  That  the  judges  of  said  Common  Pleas  Couii^ 
may  interchange  with  judges  of  the  Circuit  Courts  and  judges 
of  the  Superior  Court  of  Cook  County  and  with  judges  of  other 
city  courts,  and  said  respective  judges  may  hold  court  for  each 
other  and  perform  each  other's  duties  when  they  find  it  neces- 
sary or  convenient,  and  it  shall  be  the  duty  of  the  judges  of  said 


APPENDIX.  595 

Common  Pleas  Court  to  hold  branches  of  the  Circuit  and  Supe- 
rior Courts  of  Cook  County,  and  the  duty  of  the  judges  of  the 
Circuit  and  Superior  Courts  of  Cook  County  to  hold  branches  of 
said  Common  Pleas  Court,  and  of  said  City  Courts,  whenever  the 
condition  of  the  business  of  said  respective  courts,  and  the  proper 
administration  of  justice  therein,  may  render  it  expedient  for 
them  to  do  so.  Any  judge  of  the  Common  Pleas  Court  may,  at 
the  request  of  the  chief  justice  of  the  Circuit  Court  of  Cook 
County,  or  of  the  chief  justice  of  the  Superior  Court  of  Cook 
County,  be  assigned  by  the  chief  justice  of  the  Conunon  Pleas 
Court  to  duty  in  said  Circuit  or  Superior  Court  whenever  in  the 
opinion  of  such  last  mentioned  chief  justice  the  condition  of  the 
business  of  said  respective  courts  may  render  such  assignment 
proper  and  expedient. 

Section  13.  That  there  shall  be  a  clerk  of  said  Common  Pleas 
Court  who  shall  be  elected  on  the  first  Tuesday  of  April,  A.  D. 
1906,  and  every  fourth  year  thereafter,  and  who  shall  hold  his 
office  for  the  term  of  four  years  and  until  his  successor  shall  be 
elected  and  qualified.  He  shall  be  ex-officio  clerk  of  each  city 
court.  He  shall  perform  with  respect  to  said  Common  Pleas 
Court,  city  courts  and  the  respective  branches  thereof,  the  duties 
usually  performed  by  clerfe  of  courts  of  record.  He  shall  give 
his  personal  attention  to  the  performance  of  the  duties  of  his 
office.  The  clerk's  offices  of  the  Common  Pleas  Court  and  of  the 
city  courts  shall  be  kept  open  for  the  transaction  of  business 
from  eight  o'clock  A.  M.  to  six  o'clock  P.  M.  of  each  working 
day  during  the  year.  Until  otherwise  provided  by  the  rules 
which  may  be  adopted  under  the  provisions  of  this  act,  the  pow- 
ers, duties  and  liabilities,  the  oath  of  office  and  the  bond  and 
conditions  thereof  of  such  clerk  shall  be  the  same,  as  near  as 
may  be,  as  those  prescribed  by  law  for  clerks  of  courts  by  the  act 
entitled,  "An  act  to  revise  the  law  in  relation  to  clerks  of 
courts,"  approved  March  25,  1874,  and  in  force  July  1,  1874. 
His  salary  shall  be  five  thousand  dollars  ($5,000)  per  annum  and 
shall  be  paid  in  monthly  installments  out  of  the  city  treasury. 

Section  14.  That  said  clerk  shall  appoint  such  number  of 
deputies  as  may  be  determined,  from  time  to  time,  by  a  majority 
of  the  judges  of  the  Common  Pleas  Court  by  orders  signed  by 


596  PRACTICE  IN  THE  MUNICIPAL  COURT, 

them  and  spread  upon  the  records  of  said  court.  The  salaries  of 
deputy  clerks  shall  be  fixed,  from  time  to  time,  by  orders  signed 
by  a  majority  of  the  judges  of  the  Common  Pleas  Court  and 
spread  upon  the  record  of  the  court,  and  shall  be  payable  out  of 
the  city  treasury  in  monthly  installments,  provided,  however, 
that  the  salary  of  no  deputy  clerk  shall  exceed  fifteen  hundred 
dollars  ($1,500)  per  annum.  Such  number  of  deputy  clerks  so 
appointed  as  the  judges  may  deem  necessary  shall  be  competent 
shorthand  reporters,  capable  of  correctly  taking  down  steno- 
graphically  and  transcribing  the  proceedings  of  courts,  and  shall 
perform  such  duties  with  respect  to  attending  upon  and  taking 
down  stenographic  reports  of  the  proceedings  of  the  City  Courts 
as  may  be  required  by  the  judges  and  for  making  and  furnish- 
ing transcripts  of  their  stenographic  reports  aforesaid  deputy 
clerks  shall  be  allowed  to  make  such  reasonable  charge,  not  ex- 
ceeding fifteen  cents  per  each  one  hundred  words,  to  the  parties 
to  whom  such  transcripts  are  furnished,  as  may  be  determind  by 
the  judges,  and  the  judges  may  allow  said  deputy  clerks  to 
retain,  as  additional  compensation  for  their  services,  one-half  of 
the  charges  so  collected,  the  balance  of  such  charges  to  be 
accounted  for  by  such  deputy  clerks  in  the  same  manner  as  costs 
collected  by  them.  Such  deputy  clerks  shall  take  the  same  oath 
or  affirmation  required  of  the  clerk  of  said  Common  Pleas  Court 
and  shall  give  bonds  to  be  approved  by  the  chief  justice  of  said 
court,  conditioned,  as  near  as  may  be,  like  the  bond  required  of 
the  clerk.  Any  deputy  clerk  shall  be  subject  to  removal  at  any 
time  by  an  order  signed  by  a  majority  of  the  judges  of  the  Com- 
mon Pleas  Court  and  spread  upon  the  records  of  said  court.  The 
number  of  deputy  clerks  may  be  reduced  at  any  time  by  an  order 
signed  by  a  majority  of  the  judges  of  said  Common  Pleas  Court 
and  spread  upon  the  records  of  said  court.  It  shall  be  the  duty 
of  deputy  clerks  to  render  to  parties  to  suits  such  assistance  and 
give  them  such  information  as  may  enable  them  to  properly 
commence  suits  or  to  enter  their  appearance  when  sued  in  the 
City  Courts,  which  duty  shall  be  regulated  and  defined  by  in- 
structions to  be  prepared  by  the  chief  justice.  The  selection  of 
deputy  clerks  shall  be  made  in  accordance  with  the  provisions  of 
such  laws  as  may  be  in  force,  from  time  to  time,  regulating  the 
civil  service  of  cities. 


I 


APPENDIX.  597 

Section  15.  That  there  shall  be  a  bailiff  of  said  Common 
Pleas  Court,  who  shall  be  elected  on  the  first  Tuesday  of  April 
A.  D.  1906,  and  every  fourth  year  thereafter,  and  who  shall  hold 
his  office  for  the  term  of  four  years  and  until  his  successor  shall  be 
elected  and  qualified.  He  shall  be  ex-offi.cio  bailiff  of  each  City 
Court.  He  shall  perform  with  respect  to  said  Common  Pleas 
Court,  City  Courts  and  the  respective  branches  thereof,  the 
duties  usually  performed  by  sheriffs  in  respect  to  attendance 
upon,  and  service  and  execution  of  the  process,  and  obedience  of 
the  lawful  orders  and  directions  of,  a  circuit  court.  He  shall  give 
his  personal  attention  to  the  performance  of  the  duties  of  his 
office.  The  bailiff's  offices  of  the  Common  Pleas  Court  and  of 
the  City  Courts  shall  be  kept  open  for  the  transaction  of  busi- 
ness from  eight  o'clock  A.  M.  to  six  o'clock  P.  M.  of  each  work- 
ing day  during  the  year.  Until  otherwise  provided  by  the  rules 
which  may  be  adopted  under  the  provisions  of  this  act,  the  pow- 
ers, duties  and  liabilities,  the  oath  of  office,  and  the  bond  and 
conditions  thereof  of  such  bailiff,  shall  be  the  same,  as  near  as 
may  be,  as  those  prescribed  by  law  for  sheriffs  with  respect  to 
attendance  upon,  and  service  and  execution  of  the  process,  and 
obedience  of  the  lawful  orders  and  directions  of  a  circuit  court. 
His  salary  shall  be  five  thousand  dollars  ($5,000)  per  annum  and 
shall  be  paid  in  monthly  installments  out  of  the  city  treasury. 

Section  16.  That  said  bailiff  shall  appoint  such  number  of 
deputies  as  may  be  determined  from  time  to  time  by  a  ma- 
jority of  the  judges  of  the  Common  Pleas  Court  by  orders  signed 
by  them  and  spread  upon  the  records  of  said  court.  The  sala- 
ries of  deputy  bailiffs  shall  be  fixed  from  time  to  time  by  orders, 
signed  by  a  majority  of  the  judges  of  the  Common  Pleas  Court 
and  spread  upon  the  records  of  the  court  and  shall  be  payable 
out  of  the  city  treasury  in  monthly  installments,  provided,  how- 
ever, that  the  salary  of  no  deputy  bailiff  shall  exceed  twelve  hun- 
dred dollars  ($1,200)  per  annum.  Such  deputy  bailiffs  shall 
take  the  same  oath  or  affirmation  required  of  the  bailiff  of  said 
Common  Pleas  Court  and  shall  give  bonds  to  be  approved  by 
the  Chief  Justice  of  said  court  conditioned,  as  near  as  may  be, 
like  the  bond  required  of  the  bailiff.  The  bailiff  and  deputy 
bailiffs  of  the  Common  Pleas  Court  shall  be  ex-officio  police  offi- 
cers of  the  City  of  Chicago.    Any  deputy  bailiff  shall  be  subject 


59  S  PRACTICE  IN  THE  MUNICIPAL  COURT. 

to  removal  at  any  time  by  an  order  si^ed  by  a  majority  of  the 
judges  of  the  Common  Pleas  Court  and  spread  upon  the  records 
of  said  court.  The  number  of  deputy  bailiffs  may  be  reduced 
at  any  time  by  an  order  signed  by  a  majority  of  the  judges  of 
said  Common  Pleas  Court  and  spread  upon  the  records  of  said 
court.  Every  police  officer  of  the  City  of  Chicago  shall  be  ex- 
officio  a  deputy  bailiff  of  the  Common  Pleas  Court  and  shall  per- 
form, from  time  to  time,  such  duties  in  respect  to  criminal  and 
quasi  criminal  cases,  including  cases  pertaining  to  alleged  viola- 
tions of  city  ordinances,  pending  in  the  city  courts  as  may  be  re- 
(juired  of  him  by  any  city  court  or  any  judge  thereof.  All  selec- 
tions of  deputy  bailiffs  shall  be  made  in  accordance  with  the  pro- 
visions of  such  laws  as  may  be  in  force,  from  time  to  time,  regu- 
lating the  civil  service  of  cities. 

Section  17.  That  neither  the  clerk  nor  the  bailiff  nor  any 
deputy  clerk  or  deputy  bailiff  of  said  Common  Pleas  Court  shall 
receive,  aside  from  his  salary  and  the  costs  by  this  act  required  to 
be  paid  to  him  in  his  official  capacity,  any  money,  property  or 
other  valuable  thing,  as  a  gratuity  or  otherwise,  for  the  per- 
formance of  any  duty  imposed  upon  him  by  virtue  of  his  office, 
or  for  the  performance  of  any  work  of  any  kind  or  character  in 
any  manner  connected  therewith,  nor  shall  any  judge,  or  the 
clerk  or  the  bailiff  or  any  deputy  clerk  or  deputy  bailiff  of  said 
court,  solicit  or  receive,  or  cause  to  be  solicited  or  received,  from 
any  railroad  corporation  or  other  common  carrier,  for  himself 
or  for  any  other  person,  any  free  pass  or  other  gift  of  value.  It 
shall  be  the  duty  of  the  judges  of  said  Common  Pleas  Court  to 
remove  from  office  any  deputy  clerk,  or  deputy  bailiff,  who  shall 
violate  either  of  the  provisions  of  this  section.  No  clerk  or 
bailiff,  or  deputy  clerk  or  deputy  bailiff,  of  the  Common  Pleas 
Court  shall  be  appointed  receiver  or  guardian  ad  litem  in  any 
suit  therein  pending. 

Section  18.  That  until  otherwise  determined  in  the  manner 
hereinafter  provided,  and  except  as  by  this  act  is  otherwise  pre- 
scribed, the  practice  in  the  Common  Pleas  Court  shall  be  the 
same,  as  near  as  may  be,  as  that  which  is  now  prescribed  by  law 
for  similar  suits  or  proceedings  in  Circuit  Courts,  and  until 
otherwise  determined  in  the  manner  hereinafter  provided  and 
except  as  by  this  act  is  otherwise  prescribed,  the  practice  in  the 


APPENDIX.  599 

City  courts  shall  be  the  same,  as  near  as  may  be,  as  that  which 
is  now  prescribed  by  law  for  similar  suits  and  proceedings  before 
justices  of  the  peace  and  police  magistrates.  Said  Common 
Pleas  Court  and  said  City  courts  shall  be  the  sole  judges  of  the 
applicability  to  the  proceedings  of  said  courts  of  the  rules  of 
practice  prescribed  by  law  for  similar  cases  in  the  Circuit  Courts 
and  before  justices  of  the  peace  and  police  magistrates,  and 
their  decisions  in  respect  thereto  shall  not  be  subject  to  review 
upon  appeal  or  writ  of  error:  Provided,  however,  that  upon  ap- 
peal or  writ  of  error,  the  Supreme  Court  or  Appellate  Court,  as 
the  case  may  be,  may  grant  relief  from  any  such  decision  m  any 
<;ase  where,  in  the  opinion  of  the  Supreme  Court  or  Appellate 
Court,  such  relief  is  necessary  to  prevent  a  failure  of  justice. 

Section  19.  That  the  judges  of  said  Common  Pleas  Court 
shall  have  power  to  adopt  in  addition  to  or  in  lieu  of  the  pro- 
visions herein  contained  prescribing  the  practice  in  said  Common 
Pleas  Court  and  City  courts,  or  of  any  portion  or  portions  of 
said  provisions,  such  rules  regulating  the  practice  in  said  re- 
spective courts  as  they  may  deem  necessary  or  expedient  for  the 
proper  administration  of  justice  therein.  The  adoption  of  said 
rules  shall  be  accomplished,  by  an  order  sigTied  by  a  majority  of 
said  judges,  which  order,  when  made,  shall  be  forthwith  spread 
upon  the  record  of  the  Common  Pleas  Court  and  shall  be  printed 
in  pamphlet  form  at  the  expense  of  the  city  and  shall  go  into 
effect  thirty  days  after  being  so  spread  upon  said  record,  and 
when  it  shall  so  go  into  effect  the  rules  thereby  prescribed  shall 
supersede  and  take  the  place  of  all  the  provisions  of  this  act  per- 
taining to  the  practice  of  said  courts  inconsistent  therewith,  and 
said  rules  so  adopted  may  be  amended,  rescinded  or  added  to  by 
a  like  order  signed  by  a  like  number  of  judges  of  said  court, 
such  order  to  be  likewise  spread  upon  the  record  of  said  court 
and  printed  in  pamphlet  form,  and  to  go  into  effect  thirty  days 
after  being  spread  upon  said  record :  Provided,  however,  that  any 
resident  of  the  City  of  Chicago  shall,  upon  petition  therefor,  at 
any  time  within  sixty  days  from  the  entry  of  any  such  order,  be 
allowed  to  appeal  from  such  order  to  the  Supreme  Court.  Such 
appeal  shall  be  allowed  without  bond,  but  shall  not  suspend  the 
operation  of  said  order  during  its  pendency.  Upon  such  appeal 
the  Supreme  Court  shall  review  the  said  order  and  consider  the 


600  PRACTICE   IN   THE   MUNICIPAL   COURT. 

rules  thereby  adopted  and  may  either  confirm  said  order  or  may 
modify  or  set  aside  the  same,  and  the  Supreme  Court  may,  in  its 
discretion,  substitute  for  the  rules  so  adopted  by  said  judges  of 
said  Common  Pleas  Court,  or  for  any  portion  thereof,  such  other 
rules  as  the  Supreme  Court  may  deem  proper,  and  may,  in  its 
discretion,  of  its  own  motion  or  otherwise,  make  any  order  re- 
specting the  rules  of  said  Common  Pleas  Court  and  City  courts 
which  it  may  deem  proper.  The  Supreme  Court  and  the  Ap- 
pellate Courts  in  cases  brought  to  them  from  the  Common  Pleas 
Court  and  the  City  courts  by  appeal  or  writ  of  error  shall 
take  judicial  notice  of  the  rules  of  practice  from  time  to  time  in 
force  in  said  Common  Pleas  Court  and  in  said  City  Courts. 

Section  20,  That  there  shall  be  no  stated  terms  of  the  Com- 
mon Pleas  Court  or  of  the  City  courts,  but  said  courts  shall  be 
always  open  for  the  transaction  of  business.  Every  judgment, 
order  or  decree  of  either  of  said  courts,  final  in  its  nature,  shall, 
for  the  period  of  thirty  days  after  the  entry  thereof,  be  subject 
to  be  vacated,  set  aside  or  modified,  in  the  same  manner  and  to 
the  same  extent  as  a  judgment,  decree  or  order  of  a  Circuit 
Court  during  the  term  at  which  the  same  was  rendered  in  such 
Circuit  Court.  After  the  lapse  of  thirty  days  any  such  judgment, 
decree  or  order  shall  not  be  vacated,  set  aside  or  modified,  ex- 
cepting upon  appeal  or  writ  of  errror,  or  by  bill  in  equity ;  pro- 
vided, however,  that  all  errors  in  fact  in  the  proceedings  in  such 
case,  which  could  have  been  corrected  at  common  law  by  the  writ 
of  error  coram  nobis,  may  be  corrected  by  motion  or  the  judg- 
ment may  be  set  aside,  in  the  manner  provided  by  law  for  similar 
cases  in  the  Circuit  Courts. 

Section  21.  That  the  final  orders,  judgments  and  decrees  of 
the  Common  Pleas  Court  may  be  reviewed,  upon  error  or  appeal, 
by  the  Supreme  Court  in  all  criminal  cases  above  the  grade  of 
misdemeanors,  cases  in  which  a  franchise  or  freehold,  or  the 
validity  of  a  statute  or  construction  of  the  constitution  is  in- 
volved, and"  in  all  eases  relating  to  the  revenue  or  in  which  the 
State  is  interested  as  a  party  or  otherwise,  and  by  the  Appellate 
Court  in  all  other  cases.  The  practice  in  cases  of  appeals  from  or 
writs  of  error  to  said  Common  Pleas  Court  shall,  except  as  in 
this  act,  or  by  rules  of  said  court  adopted  in  pursuance  hereof^ 


APPENDIX.  601 

may  be  otherwise  provided,  be  the  same,  as  near  as  may  be,  as 
the  practice  in  cases  of  appeals  from  and  writs  of  error  to  Cir- 
cuit Courts  in  similar  cases.  But  no  appeal  shall  be  allowed  in 
any  case  unless  the  same  be  prayed  for  within  twenty  days  after 
the  entry  of  the  order,  judgment  or  decree,  appealed  from,  and 
no  assignment  of  error  in  the  Supreme  Court  or  in  the  Appel- 
late Court  in  any  case  shall  be  allowed  which  shall  call  in  ques- 
tion the  decision  of  the  Common  Pleas  Court  in  respect  to  any 
matter  pertaining  to  the  practice  in  said  court;  provided,  how- 
ever that  the  Supreme  Court  or  Appellate  Court,  as  the  case  may 
be,  may  grant  relief  from  any  error  of  the  Common  Pleas  Court 
in  respect  to  a  matter  of  practice  therein  in  any  case  where,  in 
the  opinion  of  the  Supreme  Court  or  Appellate  Court,  such  relief 
is  necessary  to  prevent  a  failure  of  justice. 

Section  22.  That  the  final  orders  and  judgments  of  the  City 
courts  shall  be  reviewed  by  writ  of  error  only.  Such  writ  of 
error  shall  be  sued  out  of  the  Supreme  Court  in  all  cases  in  which 
a  franchise,  a  freehold  or  the  validity  of  a  statute  or  the  con- 
struction of  the  constitution,  is  involved,  and  out  of  the  Appel- 
late Court  in  all  other  cases.  The  time  within  which  a  writ  of 
error  may  be  sued  out  in  any  such  case  shall  be  limited  to  thirty 
days  after  the  entry  of  the  final  order  or  judgment  complained 
of.  The  manner  of  prosecuting  such  writ  of  error  shall  be  as 
follows : 

First.  Any  party  against  whom  there  has  been  rendered  any 
final  order  or  judgment  of  a  City  court  and  who  shall  desire  to 
obtain  a  review  of  such  final  order  or  judgment  by  appeal  or 
writ  of  error,  may  obtain  from  such  City  court  a  stay  of  execu- 
tion upon  such  order  or  judgment  for  ninety  days  after  the  en- 
try thereof  by  the  giving  of  a  bond  with  a  sufficient  surety  or 
sureties,  to  be  approved  by  a  judge  of  the  City  court,  conditioned 
for  the  performance  by  such  party  of,  or  his  compliance  with, 
such  order  or  judgment,  or  his  payment  of  the  money  thereby  re- 
quired to  be  paid  and  all  costs  which  may  be  awarded  the  oppo- 
site party  in  the  Supreme  Court  or  Appellate  Court,  as  the  case 
may  be,  in  case  a  writ  of  error  to  review  such  order  or  judgment 
shall  not  be  sued  out  within  thirty  days  from  the  date  thereof,  or 
in  case,  upon  the  suing  out  and  prosecution  of  such  writ  of  er- 


602  PRACTICE   IN   THE   MUNICIPAL    COURT, 

ror,  the  order  or  judgment  shall  be  affirmed  by  the  Supreme 
Court  or  Appellate  Court,  as  the  case  may  be. 

Second.  No  other  or  further  stay  of  proceeding's  or  execution 
in  any  such  case  shall  be  allowed  by  the  City  Court  but  the  Su- 
preme Court  or  the  Appellate  Court,  or  any  judge  thereof  may 
allow  a  supersedeas  as  in  other  eases,  but  upon  the  allowance  of 
any  supersedeas  when  any  bond  has  been  given  as  above  pro- 
vided, no  additional  bond  shall  be  required  and  such  supersedeas 
shall  be  operative  until  the  final  determination  of  such  writ  of 
error. 

Third.  If,  upon  application  to  the  Supreme  Court  or  Appel- 
late Court,  or  to  any  judge  thereof,  for  a  supersedeas,  the  same 
shall  be  denied,  such  order  or  judgment  shall  stand  affirmed,  and 
no  further  proceedings  shall  be  had  in  said  Supreme  Court  or 
Appellate  Court  with  respect  thereto,  unless  the  Supreme  Court 
or  Appellate  Court,  or  the  judge  denying  such  supersedeas,  shall 
otherwise  order. 

Fourth.  The  party  in  whose  favor  any  final  order  or  judg- 
ment has  been  entered  shall  b  entitled  to  sue  out  a  writ  of  error 
from  the  Supreme  Court  or  the  Appellate  Court,  as  the  case  may 
be,  by  depositing  with  the  clerk  of  the  court  from  which  said 
writ  of  error  is  sued  out  the  sum  of  Twenty  Dollars  ($20)  as  se- 
curity to  the  opposite  party  for  such  costs  as  may  be  awarded 
such  opposite  party  by  the  Supreme  Court  or  the  Appellate 
Court,  as  the  case  may  be,  upon  the  final  determination  of  such 
writ  of  error. 

Fifth.  The  party  suing  out  any  writ  of  error  shall  not  be  re- 
quired to  serve  upon  the  opposite  party  any  scire  facias  to  hear 
en'ors,  but  in  lieu  thereof  shall,  within  five  days  after  the  is- 
suance of  the  writ  of  error,  file  the  same  with  the  clerk  of  said 
City  court,  and  make  to  the  Supreme  Court  or  Appellate  Court, 
as  the  case  may  be,  proof  of  such  filing,  and  such  writ  of  error 
so  filed  shall  be  notice  to  the  opposite  party  of  the  suing  out  and 
prosecution  of  such  writ  of  error. 

Sixth.  Upon  application  made  at  any  time  within  sixty  days 
after  the  entry  of  any  final  order  or  judgment,  it  shall  be  the 
duty  of  the  judge  by  whom  such  final  order  or  judgment  was 
entered,  to  sign  and  place  on  file  in  the  ease  in  which  the  same 
was  entered,  if  so  requested  by  either  of  the  parties  to  the  suit. 


APPENDIX.  603 

either  a  correct  statement,  to  be  prepared  by  the  party  request- 
ing the  signing  of  the  same,  of  the  facts  appearing  upon  the  trial 
thereof  and  of  all  questions  of  law  involved  in  such  case,  and 
the  decisions  of  the  court  upon  said  questions  of  law,  or  a  cor- 
rect stenographic  report,  the  expense  of  procuring  w^hich  shall  be 
paid  by  the  party  requesting  the  signing  of  the  same,  of  the 
proceedings  at  the  trial,  as  such  party  may  elect,  the  original  of 
which  statement  or  stenographic  report,  together  with  a  certi- 
fied transcript  of  the  judgment,  shall  be  certified  to  the  Supreme 
Court  or  Appellate  Court,  as  the  case  may  be,  as  the  record  to 
be  considered  upon  the  review  of  such  order  or  judgment  by 
writ  of  error. 

Seventh.  No  order  or  judgment  so  sought  to  be  reviewed 
shall  be  reversed  unless  the  Supreme  Court  or  Appellate  Court, 
as  the  case  may  be,  shall  be  satisfied  from  said  statement  or  steno- 
graphic report  signed  by  said  judge  that  such  order  or  judgment 
is  contrary  to  law,  in  which  last  mentioned  case  the  Supreme 
Court  or  Appellate  Court,  as  the  case  may  be,  may  enter  such 
order  or  judgment  as,  in  its  opinion,  the  City  court  ought  to 
have  entered,  or  it  may  reverse  the  said  order  or  judgment  and 
remand  the  case  to  the  City  court  for  further  proceedings. 

Eighth.  No  assignment  of  error  in  the  Supreme  Court  or  in 
the  Appellate  Court  in  any  such  case  shall  be  allowed  which  shall 
call  in  question  the  decision  of  such  City  court  in  respect  to  any 
matter  pertaining  to  the  practice  in  such  court,  nor  shall  any  ex- 
ceptions to  the  rulings  and  decisions  of  the  City  court  upon  the 
trial  be  necessary  to  the  right  of  either  party  to  a  review  of  such 
rulings  and  decisions  in  the  Supreme  Court  or  Appellate  Court 
upon  their  merits,  but  it  shall  be  the  duty  of  the  Supreme  Court 
or  the  Appellate  Court,  as  the  case  may  be,  to  decide  such  case 
upon  its  merits  as  they  may  appear  from  such  statement  or 
stenographic  report  signed  by  the  judge;  provided,  however,  that 
the  Supreme  Court  or  Appellate  Court,  as  the  case  may  be,  may 
grant  relief  from  any  error  of  any  City  court  in  respect  to  a  mat- 
ter of  practice  therein  in  any  case  where,  in  the  opinion  of  the 
Supreme  Court  or  Appellate  Court,  such  relief  is  necessary  to 
prevent  a  failure  of  justice. 

Section  23.  That  in  any  case  transferred  to  said  Common 
Pleas  Court  by  the  Circuit  or  Superior  Court  of  Cook  County  for 


604  PRACTICE   IN   THE   MUNICIPAL   COURT. 

trial  and  disposition,  said  Common  Pleas  Court  shall  exercise  tlie 
same  powers  as  the  Court  from  which  said  case  has  been  trans- 
ferred might  have  exercised  had  said  case  not  been  so  transfer- 
red. The  Circuit  Court  of  Cook  County,  or  the  Superior  Court 
of  Cook  County,  may,  upon  the  application  of  either  party  for 
a  change  of  venue,  or  upon  the  request  of  both  parties,  to  any 
suit  at  law  or  in  equity  pending  therein,  transfer  said  suit  to  the 
Common  Pleas  Court  for  trial  and  disposition.  The  Criminal 
Court  of  Cook  County  may,  upon  the  request  of  the  State's  at- 
torney or  of  any  defendant,  transfer  to  the  Common  Pleas  Court 
for  trial  and  disposition  any  case  therein  pending  and  shall  have 
power  to  make  all  orders  which  it  may  deem  necessary  to  ac- 
complish such  transfer  and  secure  the  attendance  of  the  parties 
and  witnesses  upon  said  Common  Pleas  Court  until  the  final  dis- 
position of  the  case,  and  said  Common  Pleas  Court,  when  any 
criminal  case  shall  have  been  so  transferred  to  it,  shall  exercise 
all  the  powers  with  respect  to  the  trial  and  disposition  of  said 
case  which  the  said  Criminal  Court  of  Cook  County  might  have 
exercised  had  said  case  not  been  so  transferred.  All  judgments 
of  conviciton  in  criminal  cases  transferred  to  it  by  the  Criminal 
Court  of  Cook  County,  where  the  punishment  inflicted  is  death 
or  imprisonment,  shall  be  carried  into  execution  in  the  same  man- 
ner as  is  provided  by  law  for  similar  cases  in  said  Criminal  Court 
of  Cook  County.  The  prosecution  of  all  criminal  cases  in  the 
Common  Pleas  Court  shall  be  conducted  by  or  under  the  super- 
vision of  the  State's  attorney  of  Cook  County,  but  in  any  ease 
in  which  the  State's  attorney  is  disqualified  from  acting  or  is  un- 
able to  act,  the  court  may  appoint  some  attorney  at  law  of  Cook 
County  to  act  as  prosecuting  attorney  in  such  case. 

Section  24.  That  the  petit  jurors  for  the  trial  of  cases  in 
said  Common  Pleas  Court  shall  be  provided  by  the  jury  of  com- 
missioners of  the  County  of  Cook  in  the  same  manner  and  from 
the  same  lists,  as  near  as  may  be,  as  petit  jurors  are  provided  for 
the  Circuit,  Superior  and  Criminal  Courts  of  Cook  County.  The 
names  of  the  necessary  number  of  petit  jurors  required  from 
time  to  time  in  said  Common  Pleas  Court  shall  be  furnished  by 
said  jury  commissioners  upon  demand  to  the  clerk  of  the  Com- 
mon Pleas  Court  and  the  venires  for  such  jurors  shall  be  directed 
to  and  served  by  the  sheriff  of  Cook  County  at  the  expense  of 


\ 


APPENDIX.  605 

said  county  and  the  fees  of  the  said  jurors  shall  be  paid  out  of 
the  county  treasury.  The  number  of  petit  jurors  to  be  sum- 
moned from  time  to  time  shall  be  determined  by  the  chief  justice. 

Section  25.  That  it  shall  be  the  duty  of  the  Chief  Justice  of 
the  Common  Pleas  Court  to  interrogate  and  inquire  into  the 
qualifications  of  all  petit  jurors  summoned  for  service  upon  the 
regular  panels  in  the  Common  Pleas  Court,  and  to  reject  from 
such  regular  panels  all  persons  who  do  not  appear  to  possess  the 
qualifications  required  by  law,  and  to  cause  such  panels  to  be 
filled  by  persons  competent  to  serve  as  jurors. 

Section  26.  That  all  criminal  cases  in  said  Common  Pleas 
Court  in  which  the  punishment  is  by  fine  or  imprisonment  other- 
wise than  in  the  penitentiary,  may  be  prosecuted  by  information 
of  the  Attorney  General  or  State's  attorney,  or  some  other  per- 
son, and  when  an  information  is  presented  by  any  person  other 
than  the  Attorney  General  or  State 's  attorney,  it  shall  be  verified 
by  affidavit  of  such  person  that  the  same  is  true,  or  that  the  same 
is  true  as  he  is  informed  and  believes.  Before  an  information  is 
filed  by  any  person  other  than  the  Attorney  General  or  State's 
attorney,  one  of  the  judges  of  the  Common  Pleas  Court  shall  ex- 
amine the  information  and  may  examine  the  person  presenting 
the  same  and  require  other  evidence  and  satisfy  himself  that 
there  is  probable  cause  for  filing  the  same  and  so  endorse  the 
.same.  Every  information  shall  set  forth  the  offense  with  reason- 
able certainty,  substantially  as  required  in  an  indictment,  and 
the  proceedings  thereon  shall  be  the  same,  as  near  as  may  be,  as 
upon  indictments  in  the  Criminal  Court  of  Cook  County.  Any 
person  committed  for  a  criminal  or  supposed  criminal  offense, 
and  not  admitted  to  bail,  and  not  tried  within  four  months  of 
the  date  of  arrest  shall  be  set  at  liberty  by  the  court,  unless  the 
delay  shall  happen  on  the  application  of  the  prisoner,  or  unless 
the  court  is  satisfied  that  due  exertion  has  been  made  to  procure 
the  evidence  on  the  part  of  the  people,  and  that  there  is  reason- 
able grounds  to  believe  that  such  evidence  may  be  procured  with- 
in the  next  sixty  days,  in  which  case  the  court  may  continue  the 
case  for  such  time  as  the  court  may  deem  necessary  not  exceeding 
said  sixty  days ;  Provided,  that  if  said  person  be  not  tried  with- 
in said  sixty  days,  no  further  continuance  shall  be  granted  and 
said  person  shall  be  set  at  liberty  by  the  court. 


606  PRACTICE   IN   THE   MUNICIPAL    COURT. 

Section  27.  That,  until  otherwise  provided  by  the  rules  of 
the  Common  Pleas  Court,  and  except  as  is  herein  otherwise  pre- 
scribed, civil  suits  and  proceedings  shall  be  commenced  and  pros- 
ecuted in  said  Common  Pleas  Court  in  the  same  manner  in  which 
similar  cases  and  proceedings  are  required  to  be  commenced  and 
prosecuted  in  the  Circuit  Courts,  and  excepting  also  in  i,he  fol- 
lowing particulars: 

First.  The  summons,  when  the  first  process  is  a  summons,  or 
the  writ,  when  the  first  process  is  a  writ,  shall  be  directed  to  the 
bailiff  to  execute  and  shall  be  returnable  upon  some  Monday  at 
least  ten  days,  and  not  more  than  thirty  days,  after  the  date 
thereof. 

Second.  Service  of  such  summons  or  writ  shall  be  made  by 
delivering  a  copy  thereof  to  the  defendant  in  person,  if  an  indi- 
vidual, and  informing  him  of  the  contents  thereof,  but  if  any  de- 
fendant be  a  corporation,  the  service  shall  be  made  in  the  man- 
ner provided  by  law  for  similar  cases  in  the  Circuit  Court. 

Third.  Notice  to  the  defendant  by  publication  may  be  given 
under  like  circumstances  and  in  the  same  manner  as  is  provided 
by  law  for  similar  cases  in  the  Circuit  Courts,  but  the  notice 
published  in  lieu  of  stating  the  time  of  the  return  of  the  sum- 
mons or  writ  shall  state  the  date  on  or  before  which  the  defend- 
ant is  required  to  appear,  which  date  shall  be  some  Monday  not 
less  than  forty  nor  more  than  sixty  days  after  the  date  of  the 
first  publication  of  notice,  as  the  plaintiff  may  require. 

Fourth.  No  suit  shall  be  commenced  in  the  Common  Pleas 
Court  unless  the  defendant,  if  there  be  but  one  defendant,  re- 
sides or  is  found  within  the  City  of  Chicago,  or  if  the  defendant 
be  a  corporation,  unless  its  principal  office  is  within  said  City; 
but  if  the  defendant  be  a  corporation  not  having  a  principal  of- 
fice in  the  City  of  Chicago  suit  may  be  brought  in  the  Common 
Pleas  Court  whenever  service  of  process  may  be  had  within  the 
City  upon  any  officer,  agent  or  employe  of  such  corporation  up- 
on whom  service  of  processs  might  be  had  if  issued  in  a  suit  com- 
menced in  the  Circuit  Court. 

Fifth.  The  provisions  of  paragraph  Fourth  above,  shall  not 
apply  to  attachment  suits  brought  against  non-residents  of  this 
State,  which  suits  may  be  brought  in  the  Common  Pleas  Court 


APPENDIX.  b(j7 

when  any  property  of  the  defendant  is  levied  upon,  or  any 
garnishee  resides  or  is  found  within  the  City  of  Chicago. 

Sixth.  When  there  are  several  defendants,  one  of  whom  re- 
sides or  is  found  in  the  City  of  Chicago,  a  summons  or  writ  may 
be  issued  to  the  sheriff  of  Cook  County  for  any  defendant  resid- 
ing in  said  County,  but  outside  of  the  City  of  Chicago,  or  to  the 
sheriff  of  any  other  county  for  any  defendant  residing  in  such 
county,  and  service  of  any  summons  or  writ  so  issued  shall  be 
made  in  the  same  manner  as  herein  required  in  the  case  of  a 
summons  or  writ  directed  to  the  bailiff;  provided,  however,  that 
no  judgment  shall,  in  any  such  case,  be  rendered  against  any 
defendant  served  with  process  outside  of  the  City  of  Chicago  un- 
less judgment  be  also  rendered  against  a  defendant  served  with- 
in said  city  of  Chicago. 

Seventh.  The  plaintiff  shall  file  his  declaration  within  five 
days  after  the  commencement  of  the  suit,  in  default  whereof  the 
suit  shall  be  dismissed  unless  the  court  by  an  order  entered  in 
said  suit  shall  extend  the  time  for  filing  such  declaration. 

Eighth.  The  defendant  shall,  in  case  he  shall  have  been  served 
with  process  of  summons  or  with  the  writ  five  days  or  more  prior 
to  the  return  day  thereof,  demur  or  plead  to  the  declaration  or 
the  complaint  on  or  before  the  Monday  succeeding  such  return 
day ;  but  in  case  the  summons  or  writ  shall  have  been  served  less 
than  five  days  prior  to  the  return  day  the  defendant  shall  not 
be  required  to  plead  to  the  declaration  or  complaint  until  on  or 
before  the  second  Monday  after  such  return  day.  In  case  the 
time  for  filing  the  declaration  or  complaint  shall  be  extended  by 
the  court,  the  time  for  the  defendant  to  demur  or  plead  to  the 
same  shall  be  extended  until  the  second  Monday  succeeding  the 
expiration  of  such  extension  of  time.  The  time  within  which 
the  defendant  is  required  to  demur  or  plead  may  be  extended 
by  the  court  in  its  discretion. 

Section  28.  That  no  City  court  shall  exercise  jurisdiction  in 
any  suit  brought  therein  unless  the  defendant,  if  there  be  one 
defendant,  or  one  of  the  defendants,  if  there  be  more  than  one 
defendant,  resides  or  is  found  within  the  district  in  which  such 
City  court  is  located,  or  if  the  defendant  be  a  corporation  having 
its  principal  office  in  the  City  of  Chicago,  unless  its  principal 


608  PRACTICE  IN  THE  MUNICIPAL  COURT. 

office  is  within  such  district;  but  if  the  defendant  be  a  corpora- 
tion not  having  a  principal  office  in  the  City  of  Chicago,  suit  may 
be  brought  in  any  City  Court  within  whose  district  service  of 
process  may  be  had  upon  any  officer,  agent  or  employe  of  such 
corporation  upon  whom  service  of  process  might  be  had  if 
issued  in  a  suit  commenced  in  the  Circuit  Court.  If,  m  any 
case,  there  is  more  than  one  defendant  and  one  defendant  re- 
sides or  is  found  within  said  district,  or  is  propertly  served  with 
process  therein,  the  process  of  such  City  court  may  be  served 
upon  the  remaining  defendant  or  defendants  at  any  place  with- 
in said  City  of  Chicago.  But  no  suit  shall  be  brought  against 
the  City  of  Chicago  or  any  other  municipal  corporation  in  any 
City  court  other  than  The  First  City  Court  of  Chicago.  If,  in 
any  case  where  there  is  more  than  one  defendant,  process  is  duly 
served  upon  one  or  more  defendants  and  returned  not  served  as 
to  another  defendant  or  other  defendants,  the  suit  shall  proceed 
as  in  like  cases  in  the  Circuit  Court.  But  the  requirement  that 
the  defendant,  if  there  be  but  one  defendant,  or  one  of  the  de- 
fendants, if  there  be  more  than  one  defendant,  must  reside  or 
be  found  within  the  district  in  which  such  city  court  is  located, 
shall  not  apply  to  attachment  suits  brought  against  non-residents 
of  this  State,  which  suits  may  be  brought  in  any  City  court 
when  any  property  of  the  defendant  is  levied  upon,  within  the 
district  of  such  City  court,  or  any  garnishee  resides  or  is  found 
in  such  district ;  nor  shall  it  apply  to  forcible  entry  and  detainer 
suits  in  which  the  defendants  do  not  reside  or  cannot  be  found 
within  the  City  of  Cliicago,  which  suits  may  be  brought  in  the 
City  court  within  the  district  in  which  the  property,  the  posses- 
sion of  which  is  sought  to  be  recovered,  is  situated  and  service 
of  summons  may  be  had  by  notice  by  publication  in  the  manner 
provided  by  law  in  cases  of  attachment  in  courts  of  record. 
When,  upon  the  complaint  of  any  defendant,  it  shall  be  made 
to  appear  to  any  City  court  that  the  suit  has  been  improperly 
brought  therein,  the  court  shall  not  be  required  on  that  account 
to  dismiss  the  suit,  if  any  City  court  could  properly  have  juris- 
diction thereof;  but  in  such  case  the  court  may  cause  such  suit 
to  be  transferred  to  the  proper  City  court  and  the  court  to  which 
the  same  is  transferred  shall  proceed  therewith  as  if  the  same 
had  been  originally  commenced  in  said  district;  provided,  how- 
ever, that  the  court  may,  in  its  discretion,  require  the  plaintiff 


APPENDIX.  609 

to  pay  the  costs  of  the  defendant  paid  by  him  prior  to  such 
transfer. 

Section  29.  That  every  suit  at  law  in  the  Common  Pleas 
Court,  other  than  a  criminal  case,  and  every  suit,  other  than  a 
criminal  case,  in  any  City  court  shall  be  tried  by  the  court  with- 
out a  jury  unless  the  plaintiff,  at  the  time  he  commences  his  suit, 
or  the  defendant  at  the  time  he  enters  his  appearance,  shall  file 
with  the  clerk  a  demand  in  writing  of  a  trial  by  jury,  which  de- 
mand of  the  plaintiff,  however,  may  be  withdrawn  by  the  plain- 
tiff at  any  time  before  the  return  day  of  the  summons. 

Section  30.  That  in  all  civil  cases  tried  by  jury  in  the  Com- 
mon Pleas  Court  each  party  shall  be  entitled  to  a  challenge  of 
three  jurors  without  showing  cause  for  such  challenge,  and  chal- 
lenges for  statutory  and  other  causes  shall  be  allowed  as  in  simi- 
lar cases  in  the  Circuit  Courts.  It  shall  be  the  duty  of  the  judge 
presiding  at  the  trial  to  examine  or  cause  to  be  examined  all 
jurors  called  in  to  the  jury  box  in  any  civil  case  with  respect  to 
their  statutory  qualifications  to  serve  as  petit  jurors  in  such  case 
■and  to  permit  the  parties  to  propound  to  the  jurors  such  perti- 
nent questions  as  may  be  necessary  for  the  purpose  of  ascertain- 
ing whether  the  jurors  are  biased  or  prejudiced.  But  upon  ap- 
peal or  writ  of  error  to  review  any  judgment  of  said  Common 
Pleas  Court  in  a  civil  case  tried  by  jury,  no  assignment  of  error 
shall  be  allowed  which  shall  call  in  question  any  ruling  of  the 
court  pertaining  to  or  connected  with  the  impanelling  of  the 
jury  other  than  a  ruling  improperly  restricting  the  right  of  a 
party  to  examine  the  jurors  as  to  bias  or  prejudice  or  improperly 
overruling  a  challenge  by  a  party  of  a  juror  for  bias  or  prejudice. 

Section  31.  That  every  person  arraigned  in  the  Common 
Pleas  Court  for  any  crime  punishable  with  death  or  imprison- 
ment for  life  shall  be  admitted  on  his  trial  to  a  peremptory  chal- 
lenge of  twenty  jurors  and  no  more ;  and  every  person  arraigned 
for  any  offense  that  may  be  punished  by  imprisonment  for  a 
term  not  exceeding  eighteen  months  shall  be  admitted  to  a  per- 
emptory challenge  of  ten  jurors  and  no  more;  and  in  all  other 
criminal  trials  the  defendant  shall  be  allowed  a  peremptory  chal- 
lenge of  six  jurors  and  no  more.  The  attorney  prosecuting  on 
behalf  of  the  people  shall  be  admitted  to  a  peremptory  chal- 


610  PRACTICE   IN    THE   MUNlCIP^Ui   COURT. 

lenge  of  the  same  number  of  jurors  that  the  accused  is  entitled 
to.  In  all  such  cases  challenges  for  statutory  and  other  causes 
shall  be  allowed  as  in  similar  cases  in  the  Criminal  Court  of 
Cook  County.  It  shall  be  the  duty  of  the  judge  presiding  at  the 
trial  to  examine  or  cause  to  be  examined  all  jurors  called  into 
the  jury  box  in  any  criminal  case  with  respect  to  their  statutory 
qualifications  to  serve  as  petit  jurors  in  such  case,  and  to  permit 
the  people  and  the  defendant  to  propound  to  the  jurors  such 
pertinent  questions  as  may  be  necessary  for  the  purpose  of  ascer- 
taining whether  the  jurors  are  biased  or  prejudiced.  But  upon 
any  writ  of  error  to  review  any  judgment  of  said  Common  Pleas 
Court  in  a  criminal  case  tried  therein  by  a  jury,  no  assignment 
of  error  shall  be  allowed  which  shall  call  in  question  any  ruling 
of  the  Common  Pleas  Court  pertaining »to  or  connected  with  the 
impanelling  of  the  jury,  other  than  a  ruling  improperly  restrict- 
ing the  right  of  the  defendant  to  examine  the  jurors  as  to  bias 
or  prejudice,  or  improperly  overruling  a  challenge  by  the  de- 
fendant of  a  juror  for  bias  or  prejudice. 

Section  32.  That  the  Common  Pleas  Court  in  any  civil  suit 
pending  therein,  at  any  time  before  the  trial  or  final  hearing 
thereof,  may  permit  the  filing  therein  of  interrogatories  to  be 
answered  by  any  party  to  such  suit  or  any  person  for  whose  im- 
mediate benefit  such  suit  is  prosecuted  or  defended,  or  by  the 
directors,  officers,  superintendent  or  managing  agents  of  any  cor- 
poration which  is  a  party  to  the  record  in  such  suit,  at  the  in- 
stance of  the  adverse  party  or  parties  or  any  of  them,  and  to  re- 
quire an  answer  under  oath  to  all  such  interrogatories  as  the 
party  to  be  interrogated  might  be  required  to  answer,  if  called 
as  a  witness  upon  the  trial  or  hearing  of  such  suit,,  but  the  party 
filing  such  interrogatories  shall  not  be  concluded  by  the  answers 
thereto,  if  he  shall  elect  to  introduce  the  same  or  any  or  either  of 
them  upon  the  trial  or  final  hearing. 

Section  33.  That  upon  the  trial  or  hearing  of  any  suit  in 
the  Common  Pleas  Court  or  in  any  City  court  any  party  thereto, 
or  any  person  for  whose  immediate  benefit  such  suit  is  prose- 
cuted or  defended,  or  the  directors,  officers,  superintendent  or 
managing  agents  of  any  corporation  which  is  a  party  to  the 
record  in  such  suit,  may  be  examined  upon  the  trial  thereof  as  if 


APPENDIX.  611 

under  cross-examination  at  the  instance  of  the  adverse  party  or 
parties  or  any  of  them,  and  for  that  purpose  may  be  compelled 
in  the  same  manner  and  subject  to  the  same  rules  for  examina- 
tion as  any  other  witness,  to  testify,  but  the  party  calling  for 
such  examination  shall  not  be  concluded  thereby,  but  may  rebut 
the  testimony  thus  given  by  counter  testimony. 

Section  34.  That  whenever,  in  any  suit  pending  in  the  Com- 
mon Pleas  Court  evidence  shall  be  necessary  concerning  any  fact 
in  support  of  or  in  opposition  to  any  interlocutory  or  other  mo- 
tion or  application,  other  than  an  application  for  a  change  of 
venue,  the  court  may,  in  its  discretion  require  such  evidence  to 
be  presented  by  the  oral  examination  of  witnesses  in  open  court 
or  otherwise  and  may  make  all  necessary  orders  for  such  oral 
examination. 

Section  35.  That  any  judge  of  the  Common  Pleas  Court 
shall  have  power  to  sign  or  otherwise  make  any  order  in  any  suit 
pending  in  the  Common  Pleas  Court,  or  in  any  city  court,  at  any 
place  within  the  city  of  Chicago  upon  the  application  of  either 
party  and  upon  reasonable  notice  to  the  opposite  party  when- 
ever, in  the  opinion  of  such  judge,  the  granting  of  such  order  at 
such  place  is  in  furtherance  of  justice,  and  such  order  shall  be 
as  effective  as  if  made  in  any  court  room  of  either  of  said  courts 
or  in  the  chambers  of  said  judge. 

Section  36.  That  cases  in  the  Common  Pleas  Court  shall  be 
tried  in  such  order  and  the  calendars  of  cases  shall  be  so  ar- 
ranged as  may  be  determined  by  the  chief  justice,  or  by  rules  of 
the  court  adopted  as  herein  provided. 

Section  37.  That  in  trials  by  jury  in  the  Common  Pleas 
Court  the  court  shall  charge  the  jury  as  to  the  law  only,  and  such 
charge  may,  in  the  discretion  of  the  court,  be  given  orally  or  in 
writing. 

Section,  38.  That  whenever  it  appears  in  any  bill  of  excep- 
tions signed  in  any  civil  suit  tried  and  determined  in  the  Com- 
mon Pleas  Court  that  any  erroneous  ruling  was  made  by  said 
Common  Pleas  Court  against  the  objection  of  the  party  com- 
plaining thereof,  but  that  no  formal  exception  was  taken  by  such 
party  thereto,  such  erroneous  ruling  shall  be  subject  to  review 


612  PRACTICE   IN   THE    MUNICIP.VL   COURT. 

upon  appeal  or  writ  of  error  to  the  same  extent  and  in  like  man- 
ner as  if  it  appeared  that  a  formal  exception  had  been  taken 
thereto  by  the  party  complaining,  and  no  bill  of  exceptions  shall 
be  held  defective  for  the  want  of  the  seal  of  the  judge  thereto. 
Upon  the  prosecution  of  an  appeal  or  writ  of  error  to  review  any 
judgment  of  the  Common  Pleas  Court,  the  original  bill  of  ex- 
ceptions, in  lieu  of  a  certified  copy  thereof,  shall  be  inserted  in 
the  transcript  of  the  record  to  be  filed  in  the  Supreme  Court  or 
Appellate  Court  upon  such  appeal  or  writ  of  error,  unless  the 
Common  Pleas  Court  shall  otherwise  direct,  and,  upon  the  final 
determination  of  such  appeal  or  writ  of  error,  such  original  bill 
of  exceptions  shall  be  remitted  to  the  Common  Pleas  Court. 

Section  39.  That  no  application  for  a  change  of  venue  on 
account  of  the  prejudice  of  the  judge  shall  be  allowed  by  any 
City  Court  when  the  applicant  names  in  his  application  more 
tliau  one  judge  from  whom  such  change  of  venue  is  desired,  nor 
unless  such  application  for  a  change  of  venue  is  made  by  pe- 
tition as  in  like  cases  in  the  Circuit  Courts,  and  such  petition  is 
filed  at  or  before  the  time  of  the  filing  by  the  defendant  of  his 
appearance  in  the  suit  in  which  such  change  of  venue  is  asked 
for,  and  in  no  case  shall  the  granting  of  any  change  of  venue 
delay  the  trial  of  the  suit,  but  such  suit  shall  be  tried  and  dis- 
posed of  at  the  time  set  for  the  trial  thereof  or  at  the  time  to 
which  the  trial  thereof  may  be  postponed  before  some  other  judge 
of  the  court  than  the  one  from  whom  the  change  of  venue  has 
been  granted,  or  in  any  other  district  in  which  the  same 
may  be  ordered  to  be  tried,  and  all  orders  necessary  for  the  set- 
ting of  such  case  for  trial  and  for  the  securing  of  a  speedy  trial 
thereof  may  be  made  by  the  judge  from  whom  said  change  of 
venue  has  been  obtained. 

Section  40.  That  every  civil  suit,  excepting  attachment  suits, 
replevin  suits,  cases  of  distress  for  rent  and  forcible  entry  and 
detainer  suits  brought  in  any  City  Court  shall  be  commenced  by 
the  filing  by  the  plaintiff,  with  the  clerk,  of  a  praecipe  for  a  sum- 
mons, specifying  the  names  of  the  parties  to  the  suit,  the  amount 
of  the  plaintiff's  claim  and  the  day  at  which  the  summons  shall 
be  made  returnable,  which  day  shall  not  be  less  than  five  (5)  nor 
more  than  fifteen  (15)  days  from  the  filing  of  such  praecipe  and 
a  bill  of  particulars  of  the  plaintiff's  claim,  which  bill  of  particu- 


APPENDIX.  613 

lars,  if  the  suit  be  upon  a  contract,  express  or  implied,  shall  con- 
sist of  a  statement  of  the  account  or  of  the  nature  of  the  demand, 
or,  if  the  suit  be  for  a  tort,  it  shall  consist  of  a  brief  statement 
of  the  nature  of  the  tort,  and  such  further  information  as  will 
reasonably  inform  the  defendant  of  the  nature  of  the  case  he  is 
called  upon  to  defend,  but  nothing  herein  contained  shall  be  con- 
strued to  require  the  bill  of  particulars  in  any  action  for  a  tort 
to  set  forth  the  cause  of  action  with  the  particularity  required  in 
a  declaration  at  common  law. 

Section  41.  That  upon  the  tiling  of  such  praecipe  and  bill  of 
particulars  the  clerk  of  said  city  court  shall  issue  a  summons  to 
the  defendant  directed  to  the  bailiff  to  execute  and  returnable  at 
10  o'clock  a.  m.,  sharp,  of  the  day  for  such  return  specified  in  the 
praecipe,  which  summons  shall  state  the  amount  of  the  plaintiff's 
claim  and  shall  be  attested  in  like  manner  as  the  summons  issued 
out  of  a  court  of  record.  Upon  every  such  summons  there  shall 
be  printed  in  plain  type  the  provisions  of  this  act  pertaining  to 
defaults  in  case  of  the  non-appearance  of  the  defendant,  the  set- 
ting of  the  case  for  trial  in  case  of  appearance,  and  such  further 
information  as  may  be  prescribed  by  the  chief  justice. 

Section  42.  That  every  such  summons  issued  out  of  any  city 
court  shall  be  served,  if  the  defendant  be  an  individual,  by  de- 
livering to  such  defendant  in  person  a  copy  thereof  and  inform- 
ing him  of  its  contents;  or  if  the  defendant  be  a  corporation 
service  shall  be  made  upon  such  corporation  in  the  same  manner 
as  is  now  or  hereafter  may  be  provided  by  law  for  the  service  of 
process  upon  such  corporation  in  a  suit  at  law  when  issued  out 
of  a  circuit  court.  In  case  said  summons  shall  not  be  served 
upon  the  defendant  three  days  or  more  prior  to  the  return  day 
thereof  an  alias  summons  may  be  issued  and  a  subsequent  pluries 
may  be  issued  in  any  case  when  a  previous  alias  or  pluries  sum- 
mons shall  not  have  been  served  upon  the  defendant  three  days 
or  more  prior  to  the  return  day  fixed  in  the  previous  summons. 
Service  of  such  alias  or  pluries  summons  shall  be  made  in  the 
same  manner  as  that  above  provided  for  the  service  of  the  orig- 
inal summons. 

Section  43.  That  upon  the  return  of  any  such  summons  duly 
served  upon  the  defendant,  the  plaintiff  shall  be  entitled  to  judg- 


614  PRACTICE    IN    THE    MUNICIPAL    COURT. 

ment  as  in  case  of  default,  unless  the  defendant  shall  either  ap- 
pear in  person  at  the  time  specified  in  such  summons,  or  shall,  at 
or  before  the  time  fixed  in  such  summons  for  his  appearance,  file 
his  appearance  in  writing  in  said  city  court.  Upon  such  default 
the  court  shall  assess  the  damages  after  hearing  such  evidence  as 
the  court  may  deem  sufficient  for  that  purpose.  In  case  the  de- 
fendant shall  desire  upon  the  trial  to  present  any  set-off  or 
counter-claim,  he  shall  file  a  bill  of  particulars  thereof  with  his 
appearance;  provided,  however,  the  court  may,  in  its  discretion, 
extend  the  time  for  the  filing  of  such  bill  of  particulars.  It 
shall  be  the  duty  of  the  court  at  ten  o'clock  a.  m.,  sharp,  of  each 
day  upon  which  the  court  is  open  for  business,  or  as  soon  there- 
after as  is  practicable,  to  call  the  cases  in  "which  the  summonses 
are  then  returnable  for  the  purpose  of  ascertaining  whether  the 
defendants  therein  have  appeared  in  person  or  have  entered  their 
appearances  in  writing,  and  to  give  such  directions  with  respect 
to  such  appearances  as  the  court  may  find  necessary  or  proper 
for  the  information  of  the  parties. 

Section  44.  That  the  clerk  of  each  city  court  shall  keep  on 
hand  and  furnish  to  suitors  and  attorneys  on  application  printed 
blank  forms  of  praecipes,  summonses,  entries  of  appearance,  af- 
fidavits, bonds,  attachment  writs,  replevin  writs,  petitions  for 
changes  of  venue  and  all  other  papers  necessary  for  the  use  of 
the  parties  to  suits  in  such  court.  Forms  for  such  papers  shall 
be  prescribed  by  the  chief  justice  of  the  Common  Pleas  Court, 
who  shall  also  from  time  to  time  prescribe  and  cause  to  be 
printed  forms  of  bills  of  particulars  to  be  used  in  said  city 
courts. 

Section  45.  That  if  in  any  case  brought  in  any  City  court 
tlie  defendant  shall  appear  at  the  time  specified  in  the  summons 
or  shall  have  entered  his  appearance  in  writing  at  or  before  the 
time  so  specified,  the  court  shall,  at  such  time,  or  as  soon  there- 
after as  practicable,  fix  a  time  for  the  trial  thereof  and  such  case 
shall  be  tried  at  the  time  so  fixed  or  as  soon  thereafter  as  the 
other  business  of  the  court  will  permit. 

Section  46.  That  amendments  to  bills  of  particulars,  prae- 
cipes, summons  and  other  papers  filed  by  either  party  may  in 
the  discretion  of  the  court  be  allowed  at  any  time. 


APPENDIX.  615 

Section  47.  That  the  court  may  grant  such  postponements 
i)f  the  trial,  and  may  make  such  other  orders  in  respect  thereto 
as  the  court  may  deem  proper  and  necessary  for  the  protection 
of  the  rights  of  the  parties. 

Section  48.  That  the  practice  and  proceedings  in  City  courts 
other  than  the  mode  of  trial  and  the  proceedings  subsequent  to 
the  trial,  in  cases  of  attachment,  replevin,  distress  for  rent  and 
forcible  entry  and  detainer,  shall  be  the  same,  as  near  as  may  be, 
as  that  which  is  now  prescribed  by  law  for  similar  cases  in  courts 
of  record,  with  the  following  exceptions: 

First.  There  shall  be  no  written  pleadings  excepting  such 
as  are  now  required  by  law  in  similar  cases  before  justices  of  the 
peace,  including  affidavits  in  attachment  and  replevin,  copies  of 
the  distress  warrants  in  cases  of  distress  for  rent,  and  the  com- 
plaint in  forcible  entry  and  detainer,  and  the  writs  shall  be  made 
returnable  in  like  manner  as  summons  in  other  cases  in  the  City 
courts. 

Second.  In  attachment  cases  the  plaintiff  at  the  time  of  the 
commencement  of  his  suit  and  the  defendant  at  the  time  of  his 
appearing  in  person  or  of  his  entering  his  appearance  in  writ- 
ing, if  he  shall  desire  upon  the  trial  to  present  any  set-off  or 
counter-claim,  shall  file  a  bill  of  particulars  thereof. 

Third.  In  forcible  entry  and  detainer  cases  the  plaintiff  may 
unite  with  his  claim  for  possession  of  the  property  any  claim  for 
rent  or  damages  for  withholding  possession  of  the  same,  provid- 
ing such  claim  does  not  exceed  five  hundred  dollars  ($500). 

Fourth.  The  mode  of  trial  and  all  proceedings  subsequent  to 
the  trial  shall  be  the  same,  as  near  as  may  be,  as  in  other  cases  in 
the  City  courts. 

Section  49.  That  in  all  trials  by  jury  in  the  City  courts  the 
court  shall  not  charge  the  jury  as  to  the  facts,  but  may  state  the 
testimony  and  the  law,  and  the  charge  may,  in  the  discretion  of 
the  court,  be  given  orally  or  in  writing. 

Section  50.  That  the  jurors  selected  for  trials  in  the  City 
courts  shall  possess  the  same  qualifications  required  by  law  Avith 
respect  to  jurors  in  courts  of  record,  and  shall  be  subject  to  chal- 
lenges for  the  same  causes  as  such  jurors,  and  it  shall  be  the 


616  PRACTICE    IN    THE    MUNICIPAL    COURT. 

duty  of  the  judges  of.  the  Common  Pleas  Court  and  they  shall 
have  power  to  adopt  all  such  rules  and  regulations  as  they  may 
deem  necessary  or  proper  for  the  purpose  of  securing  competent 
jurors  for  trials  in  said  City  courts.  The  fees  of  the  jurors  shall 
be  fixed  by  the  majority  of  the  judges  of  the  Common  Pleas 
Court  and  shall  be  paid  out  of  the  city  treasury,  but  shall  not 
exceed  the  fees  allowed  by  law  to  jurors  in  courts  of  record,  and 
in  all  cases  tried  by  jury  in  the  City  courts  said  courts  shall  have 
power  to  grant  new  trials  to  the  same  extent  as  is  permitted  by 
law  in  similar  cases  in  the  Circuit  Court,  subject  to  such  rules  as 
may  be  adopted  by  the  majority  of  the  judges  of  the  Common 
Pleas  Court  in  pursuance  hereof. 

Section  51.  That  the  practice  in  the  City  courts  in  quasi 
criminal  cases  shall  be  the  same  as  is  herein  prescribed  for  civil 
eases  in  said  courts  excepting  as  follows : 

First.  The  process  in  any  suit  for  the  violation  of  any  muni- 
cipal ordinance  shall,  except  as  hereinafter  provided,  be  a  sum- 
mons. If  the  defendant  after  being  duly  served  with  summons, 
fails  to  appear  personally  at  the  time  specified  in  the  summons 
or  to  enter  his  appearance  at  or  before  such  time,  the  court  may 
proceed,  as  in  case  of  default,  or  may  issue  a  warrant  for  the 
arrest  of  the  defendant. 

Second.  When  the  offense  complained  of  is  also  a  violation 
of  any  provision  of  the  criminal  code,  the  court  may  issue  a  war- 
rant in  the  first  instance  for  the  violation  of  the  ordinance  under 
the  like  circumstances  under  which  a  warrant  might  issue  for 
a  violation  of  the  criminal  code. 

Third.  A  warrant  may  issue  in  the  first  instance  upon  the 
affidavit  of  any  person  that  an  ordinance  has  been  %aolated  and 
that  the  person  making  the  complaint  has  reasonable  grounds  to 
believe  the  party  charged  is  guilty  thereof  and  will  escape  unless 
arrested  and  stating  the  facts  upon  which  such  belief  is  based, 
provided  the  judge  to  whom  application  is  made  for  such  war- 
rant shall  be  satisfied,  after  examining  under  oath  the  party  mak- 
ing the  affidavit,  that  such  arrest  should  be  made,  and  any  person 
arrested  upon  any  warrant  herein  provided  for  shall,  without 
unnecessary  delay,  be  taken  before  the  City  court  to  which  such 
warrant  is  returnable  and  tried  for  the  alleged  offense. 


APPENDIX.  617 

Section  52.  That  upon  the  arrest  of  any  person  for  any 
criminal  or  quasi  criminal  offense  within  the  jurisdiction  of  any 
city  court,  the  chief  of  police  or  any  captain,  lieutenant  or  ser- 
geant of  police  of  the  city  of  Chicago  shall  have  power  to  let 
such  person  to  bail.  The  bail  bond  in  any  such  case  shall  be 
conditioned  for  the  appearance  of  the  person  arrested  before 
some  one  of  the  city  courts  or  some  one  of  the  branches  thereof 
at  a  time  fixed  in  such  bond  for  such  appearance,  which  time 
shall  not  be  later  than  two  days  after  the  date  of  the  bond.  Any 
bond  so  taken  shall  be  signed  by  one  or  more  sureties  to  be  ap- 
proved by  such  officer,  who  shall  be  authorized  and  required  to 
administer  oaths  for  the  purpose  of  ascertaining  the  sufficiency 
of  the  sureties.  All  bonds  so  taken  shall  be  filed  with  the  clerk 
of  the  City  Court  or  of  the  branch  thereof  at  which  the  person 
so  arrested  is  required  to  appear.  The  exercise  of  the  power 
hereby  conferred  of  letting  to  bail  shall  be  subject  to  regulation 
by  such  rules  as  may  be  adopted  by  a  majority  of  the  judges  of 
the  Common  Pleas  Court  as  herein  provided.  But  any  person  so 
arrested  shall  have  the  right  to  be  brought  immediately  before 
the  City  Court  in  the  district  in  which  he  is  arrested,  or,  if  there 
be  no  judge  then  in  attendance  upon  such  court,  to  any  other 
City  Court  at  which  there  may  be  a  judge  then  in  attendance,  to 
be  dealt  with  by  such  court  according  to  law. 

Section  53.  That  if  the  method  of  procedure  in  any  case 
within  the  jurisdiction  of  the  Common  Pleas  Court  or  of  any 
City  Court,  is  not  sufficiently  prescribed  by  this  act  or  by  any 
rule  of  court  adopted  in  pursuance  hereof,  the  court  in  which  the 
same  is  brought  or  proposed  to  be  brought,  may  make  such  pro- 
vision for  the  conducting  and  disposing  of  the  same  as  may  ap- 
pear to  the  court  proper  for  the  just  determination  of  the  rights 
of  the  parties. 

Section  54.  That  both  in  direct  and  in  collateral  proceedings 
the  same  presumptions  shall  be  indulged  with  respect  to  the  jur- 
isdiction of  the  Common  Pleas  Court  and  the  City  Courts  over 
the  subject-matter  of  suits  and  over  the  parties  thereto,  as  are 
indulged  with  respect  to  the  jurisdiction  of  Circuit  Courts  in  like 
cases. 

Section  55.     That  any  money  judgment  rendered  by  the  Com- 


CIS  TKACTICE    IN    THE    MUNICIP.VL    COURT. 

nion  Pleas  Court  or  by  any  City  Court,  when  no  execution  issued 
thereon  is  outstanding,  may  be  satisfied  by  the  payment  by  the 
party  against  whom  the  same  has  been  rendered  of  the  amount 
thereof  to  the  clerk  of  said  court,  who,  upon  payment  being 
made,  shall  enter  satisfaction  thereof  and  shall  upon  demand, 
pay  over  the  money  received  by  him  to  the  person  appearing 
of  record  to  be  entitled  thereto. 

Section  56.  That  the  Common  Pleas  Court  and  each  City 
Court  shall  take  judicial  notice  of  all  matters  of  which  courts  of 
general  jurisdiction  of  this  State  are  required  to  take  judicial 
notice,  and  also  of  the  following: 

1.  All  general  ordinances  of  the  City  of  Chicago. 

2.  All  law^s  of  a  public  nature  enacted  by  any  State  or  ter- 
ritory of  the  United  States. 

Section  57.  That  the  masters  in  chancery  of  the  Circuit  and 
Superior  Courts  of  Cook  county  shall  be  ex-officio  masters  in 
chancery  of  the  Common  Pleas  Court. 

Section  58.  That  the  costs  in  civil  cases  in  the  Common  Pleas 
Court  shall  be  as  follows : 

First.  The  plaintiff,  at  the  time  of  commencing  his  suit,  shall 
pay  to  the  clerk  in  full  for  all  services  to  be  rendered  by  said 
clerk  for  the  plaintiff  in  said  suit,  other  than  the  making  or 
furnishing  of  transcripts  of  the  record,  the  sum  of  Eight  Dol- 
lars ($8),  and  if  he  at  the  same  time  files  with  the  clerk  a  de- 
mand in  writing  for  a  trial  by  jury,  he  shall  pay  to  the  clerk  the 
further  sum  of  Six  Dollars  ($6),  to  be  applied  towards  the  pay- 
ment of  the  fees  of  jurors  in  said  court. 

Second.  The  defendant,  at  the  time  of  filing  his  appearance 
and  before  he  shall  be  permitted  to  make  any  defense,  shall  pay 
to  the  clerk  in  full  for  all  services  to  be  rendered  by  said  clerk 
for  the  defendant  in  said  suit,  other  than  the  making  or  furnish- 
ing of  transcripts  of  the  record,  the  sum  of  Three  Dollars  ($3), 
and  if  he  shall  at  the  same  time  file  with  the  clerk  a  demand  in 
writing  of  a  trial  bj^  jury  he  shall  pay  to  the  clerk  the  further 
sum  of  Six  Dollars  ($6),  to  be  applied  towards  the  payment  of 
the  fees  of  jurors  in  said  court. 

Third.  The  costs  to  be  paid  for  the  services  of  the  bailiff  and 
of  sheriffs  and  other  costs  not  included  in  the  above,  shall  be  the 


APPENDIX.  619 

same  as  those  required  by  laWj  from  time  to  time,  to  be  paid  for 
similar  services  in  cases  in  the  Circuit  Court  of  Cook  County. 

But  the  court  may,  in  its  discretion,  order  that  an  advance 
payment  of  costs  may  be  waived  in  favor  of  any  poor  person 
whose  financial  circumstances,  as  made  to  appear  to  the  court, 
are  such  that  such  advance  payment  would  be  unduly  burden- 
some or  oppressive. 

The  costs  in  criminal  cases  in  the  Common  Pleas  Court  shall  be 
the  same  as  the  costs  prescribed  by  law,  from  time  to  time,  for 
similar  cases  in  the  Criminal  Court  of  Cook  County. 

The  amounts  hereby  required  to  be  advanced,  when  a  demand 
in  writing'  of  a  trial  by  jury  is  filed,  to  be  applied  towards  the 
payment  of  the  fees  of  jurors  in  said  court,  shall  be  paid  into  the 
county  treasury :  Provided,  however,  the  court  shall  direct  the  re- 
turn to  the  plaintiff  of  the  amount  advanced  by  him  as  afore- 
said, in  case  the  plaintiff  before  the  return  day  of  the  summons 
shall  have  withdrawn  his  demand  in  writing  of  a  trial  by  jury. 

Section  59.  That  the  costs  in  civil  cases  in  the  city  courts 
shall  be  as  follows: 

First.  The  plaintiff  at  the  time  of  commencing  his  suit  shall 
pay  to  the  clerk  in  full  for  all  services  to  be  rendered  by  said 
clerk  if  it  be  other  than  an  action  of  forcible  entry  and  detainer, 
the  sum  of  Two  Dollars  ($2)  when  the  amount  claimed  by  him, 
in  money  or  property,  does  not  exceed  Two  Hundred  Dollars 
($200)  and  the  sum  of  Five  Dollars  ($5)  when  the  amount 
claimed  by  him  exceeds  Two  Hundred  Dollars  ($200)  and  the 
sum  of  Two  Dollars  ($2)  in  a  case  of  forcible  entry  and  detain- 
er; and,  if  the  plaintiff  in  any  civil  case,  at  the  time  he  com- 
mences his  suit,  files  with  the  clerk  a  demand  in  writing  of  a  trial 
by  jury,  he  shall  pay  to  the  clerk  the  further  sum  of  Six  Dollars 
($6)  as  jurors'  fees. 

Second.  The  defendant,  at  the  time  of  his  appearance,  if  he 
shall  at  the  same  time  file  with  the  clerk  a  demand  in  writing  of 
a  trial  by  jury,  shall  pay  to  the  clerk  the  further  sum  of  Six 
Dollars  ($6)  as  jurors'  fees. 

Third.  The  party  delivering  to  the  bailiff  any  summons,  writ 
of  attachment,  writ  of  replevin,  subpoena,  writ  of  execution  or 
other  process,  shall,  at  the  time  of  making  such  delivery,  pay  to 


620  PRACTICE    IN    THE    MUNICIPAL    COURT. 

the  bailiff  the  siim  of  One  Dollar  ($1)  for  each  defendant  named 
in  such  process  upon  whom  service  is  to  be  made,  and,  in  case  of 
writs  of  attachment,  replevin,  or  execution,  he  shall  pay  to  the 
bailiff  the  further  sum  of  One  Dollar  ($1)  when  any  levy  upon 
or  seizure  of  property  is  to  be  made  thereunder,  and  shall  also 
pay  to  the  bailiff  the  actual  expense  of  seizing  and  caring  for 
any  property  levied  upon  or  seized  thereunder. 

Fourth.  The  party  procuring  any  certified  copy  of  the  record 
or  any  portion  thereof  in  any  ease  shall  pay  to  the  clerk  the 
same  fees  required  by  law,  from  time  to  time,  to  be  paid  to  the 
clerk  of  the  Circuit  Court  of  Cook  County  for  similar  services. 

Fifth.  As  commissions  on  moneys  realized  by  execution,  the 
bailiff  shall  collect  from  the  defendant  in  the  execution  five  per 
cent,  upon  the  amount  realized,  if  it  do  not  exceed  One  Hundred 
Dollars  ($100),  but  if  the  amount  realized  exceed  One  Hundred 
Dollars  ($100)  the  bailiff  shall  collect  five  per  cent,  on  the  first 
One  Hundred  Dollars  ($100)  and  three  per  cent,  upon  the  excess 
over  One  Hundred  Dollars  ($100). 

The  amount  above  required  to  be  advanced  upon  a  demand  in 
■writing  of  a  trial  by  jury  shall  be  refunded  to  the  party  ad- 
vancing the  same  in  case  such  suit  shall  not  be  tried  by  jury  and 
no  jury  shall  have  been  summoned  for  the  trial  thereof. 

But  the  court  may,  in  its  discretion,  order  that  an  advance 
payment  of  costs  may  be  waived  in  favor  of  any  poor  person 
whose  financial  circumstances,  as  made  to  appear  to  the  court, 
are  such  that  such  advance  pajTnent  would  be  unduly  burden- 
some or  oppressive. 

Section  60.  That  the  costs  in  criminal  and  in  quasi  criminal 
cases  and  proceedings  in  the  City  courts,  instituted  in  the  name 
or  by  the  authority  of  the  people,  or  in  the  name  of  any  State  or 
county  ofificer  in  his  official  capacity,  shall  be  as  follows : 

First.  The  clerk's  fees  in  full  for  all  services  rendered  by 
him  shall  be  the  sum  of  Six  DoUai-s  ($6). 

Second.  The  bailiff's  fees  shall  be  the  same  as  those  which 
may  now  or  hereafter  be  fixed  by  law  for  the  sheriff  in  counties 
of  the  third  class  for  similar  services. 

All  moneys  collected  upon  judgments  of  the  City  courts  in 
such  eases  shall  be  paid  to  the  clerk,  who  shall,  at  the  end  of 


APPENDIX.  621 

every  three  months,  apply  the  same,  or  so  much  thereof  as  may 
be  necessary,  to  the  payment  of  the  uncollected  costs  in  criminal 
and  quasi  criminal  cases  instituted  in  the  City  courts  in  the  name 
of  the  people,  or  in  the  name  of  any  State  or  county  officer  in 
his  official  capacity,  and  pay  over  the  balance,  if  any,  to  the  of- 
ficer entitled  by  law  to  receive  the  same. 

Section  61,  That  the  costs  in  cases  in  the  City  courts  in- 
stituted in  the  name  of  the  City  of  Chicago,  or  in  the  name  of 
any  officer  thereof  in  his  official  capacity,  shall  be  as  follows : 

First.  The  clerk's  fees  in  full  for  all  services  rendered  by 
liim  shall  be  the  sum  of  Six  Dollars  ($6). 

Second.  The  bailiff's  fees  shall  be  the  same  as  those  which 
may  now  or  hereafter  be  fixed  by  law  for  the  sheriff  in  counties 
of  the  third  class  for  similar  services. 

All  moneys  collected  upon  judgments  of  the  City  courts  in 
cases  for  the  violation  of  the  ordinances  of  the  City  of  Chica- 
go shall  be  paid  to  the  clerk,  who  shall  pay  over  the  same  to  the 
City  of  Chicago  within  one  week  after  receiving  the  same. 

Section  62.  That  all  costs  collected  in  each  week  by  the  clerk 
and  bailiff  shall  be  paid  over  by  them  respectively  to  the  City  of 
Chicago  on  the  Monday  of  the  succeeding  week,  and  ihe  clerk 
and  bailiff  shall  be  held  personally  responsible  for  all  costs  re- 
quired to  be  paid  to  them  in  advance  as  hereinbefore  provided. 
They  shall  be  required  to  keep  complete  and  accurate  accounts 
of  all  moneys  collected  by  them  and  such  accounts  shall,  under 
the  direction  of  the  chief  justice  of  said  Common  Pleas  Court, 
be  examined  and  audited  monthly,  the  expense  thereof  to  be  paid 
by  the  city. 

Section  63.  That  the  provisions  hereof  respecting  costs  shall 
be  subject  to  be  changed,  from  time  to  time,  by  rules  adopted  by 
a  majority  of  the  judges  of  the  Common  Pleas  Court  as  herein 
provided,  but  such  rules  shall  not  take  effect  until  approved  by 
resolution  of  the  City  Council  of  the  City  of  Chicago. 

Section  64.  That  the  City  of  Chicago,  as  compensation  for 
the  expenses  occasioned  by  the  trial  and  disposition,  in  the  Com- 
mon Pleas  Court,  of  cases  which  would  otherwise  be  disposed  of 
in  the  Circuit,  Superior  and  Criminal  Courts  of  Cook  County, 


622  PRACTICE   IN   THE   MUNICIPAL   COURT. 

and  for  the  services  which  may  be  rendered  by  the  judges  of  the 
Common  Pleas  Court  in  said  Circuit  and  Superior  Courts,  shall, 
in  addition  to  the  payment  by  the  county  of  the  fees  of,  and  costs 
of  summoning,  petit  jurors  as  herein  provided  be  entitled  to  re- 
imbursement by  the  County  of  Cook  for  the  expenses  of  procur- 
ing' and  maintaining  suitable  places  for  the  holding  of  the  Com- 
mon Pleas  Court  and  each  branch  thereof,  unless  the  said  county 
shall  itself  provide  suitable  places  for  the  holding  of  said  Com- 
mon Pleas  Court  and  the  branches  thereof,  in  which  case  such 
Common  Pleas  Court  and  the  branches  thereof  shall  be  held  in 
the  places  provided  therefor  by  said  county.  The  expenses  thus 
provided  for  to  be  paid  by  the  county  shall  be  ascertained  and 
certified  to  quarterly  by  the  chief  justice  of  the  Common  Pleas 
Court  and  paid  to  the  city  out  of  the  county  treasury  upon  the 
presentation  of  his  certificate. 

Section  65.  That  the  offices  of  justices  of  the  peace,  police 
magistrates  and  constables  in  and  for  the  territory  within  the 
City  of  Chicago  be  and  they  are  hereby  abolished,  and  that  the 
jurisdiction  of  justices  of  the  peace  in  the  territory  of  the  County 
of  Cook  outside  of  the  City  of  Chicago  be  and  it  is  hereby  lim- 
ited to  the  territoiy  outside  of  said  city,  but  this  section  of  this 
act  shall  not  become  operative  until  the  first  INIonday  of  June, 
A.  D.  1906,  and  on  and  after  said  date  the  jurisdiction  hereby 
conferred  upon  the  Common  Pleas  Court  and  upon  the  City 
courts  shall  exclude  the  exercise  of  any  portion  of  such  jurisdic- 
tion by  all  the  other  courts  excepting  courts  of  record,  and  on 
and  after  said  first  Monday  of  June,  A.  D.  1906,  no  other  court 
than  a  court  of  record  shall  exercise  jurisdiction  in  any  ease  of 
which  either  said  Common  Pleas  Court  or  either  of  said  City 
courts  is  given  jurisdiction  by  this  act. 

Section  66.  That  when  the  offices  of  justices  of  the  peace 
within  the  city  of  Chicago  shall  be  abolished,  the  docket  of  each 
justice  of  the  peace  whose  office  is  thus  abolished,  shall  be  forth- 
with delivered  up  to  the  clerk  of  the  First  City  Court  of  Chi- 
cago. Executions  may  be  issued  by  the  clerk  of  said  court  upon 
any  unsatisfied  judgments  rendered  by  such  justice  of  the  peace 
in  all  cases  in  which  the  same  might  have  been  issued  had  such 
office  of  justice  of  the  peace  not  been  abolished,  and  said  City 


APPENDIX.  623 

court  shall  allow  an  appeal  to  the  Circuit  or  Superior  Court  of 
Cook  county  from  any  judgment  rendered  by  any  justice  of  the 
peace  within  twenty  days  prior  to  the  first  Monday  of  June, 
A.  D.  1906,  upon  the  giving  by  the  appellant  of  an  appeal  bond 
with  security  as  now  required  by  law  in  cases  of  appeals  from 
justices  of  the  peace,  provided  such  appeal  is  prayed  at  any  time 
within  twenty  days  after  the  first  Monday  of  June,  A.  D.  1906. 
In  all  cases  not  determined  or  finally  disposed  of  by  such  jus- 
tice of  the  peace  at  the  time  his  office  is  abolished,  such  proceed- 
ings shall  be  had  in  said  First  City  Court  of  Chicago  as  might 
be  had  were  such  suits  originally  brought  in  said  court,  but  no 
trial  of  any  such  case  shall  be  had  in  said  City  court  without 
such  notice  to  the  parties  thereto  as  the  court  may  deem  neces- 
sary. All  writs  issued  by  justices  of  the  peace  within  the  City 
of  Chicago  and  which  shall  not  have  been  returned  on  the  first 
Monday  of  June,  A.  D.  1906,  shall  be  forthwith  returned  to  the 
First  City  Court  of  Chicago,  and  said  First  City  Court  of  Chi- 
cago shall  have  ful]  power  to  make  such  provision  for  the  execu- 
tion or  other  disposition  of  all  such  writs  as  said  court  may  deem 
proper  for  the  protection  of  the  rights  of  the  respective  parties 
to  the  suits  in  which  such  writs  have  been  issued. 

Section  67.  That  it  shall  be  the  duty  of  the  chief  justice  of 
the  Conunon  Pleas  Court  to  superintend  the  keeping  of  the  rec- 
ords of  said  court  and  to  prescribe  abbreviated  forms  of  entries 
of  orders  therein  in  civil  cases,  which  abbreviated  forms  so  pre- 
scribed shall  have  the  same  force  and  effect  as  if  said  orders 
were  entered  in  full  in  the  records  of  said  court.  When  any  cer- 
tified transcript  of  the  record,  or  of  any  portion  thereof,  of  any 
suit  or  proceeding  in  said  court  is  required,  the  same  shall  be 
written  out  in  full  from  such  abbreviated  forms  and  duly  authen- 
ticated according  to  law. 

Section  68.  That  the  clerk  of  the  Common  Pleas  Court  shall 
procure  suitable  dockets  with  forms  approved  by  the  chief  jus- 
tice of  the  Common  Pleas  Court  for  the  keeping  of  necessary- 
memoranda  of  the  proceedings  and  the  entry  of  judgment  in 
each  suit  or  proceeding  instituted  in  the  City  courts  and  the 
docket  so  kept  shall  constitute  the  records  of  said  courts  in  the 
suits  entered  therein,  and  no  further  or  other  records  thereof 


G24  PRACTICE    IN    THE    MUNICIPAL    COURT. 

shall  be  kept,  exeeptinj?  records  for  such  proceedings  of  said 
eoTirts  as  do  not  form  a  part  of  the  records  of  suits  pending  or 
determined  therein. 

Section  69.  That  the  orders,  judgments  and  decrees  of  the 
Common  Pleas  Court  shall  have  the  same  force,  be  of  the  same 
effect,  be  liens  upon  rear  estate  in  the  City  of  Chicago  to  the 
same  extent  and  under  the  same  circumstances,  and  be  executed 
and  enforced  in  the  same  manner  as  the  judgments,  orders  and 
decrees  of  the  Circuit  Court  of  Cook  County,  and  such  judg- 
ment and  decrees  shall  also  be  liens  upon  real  estate  in  the 
County  of  Cook  outside  of  the  City  of  Chicago  after  certified 
transcripts  of  the  same  shall  have  been  filed  in  the  office  of  the 
Recorder  of  Cook  County,  which  transcripts  shall  contain  the 
names  of  the  parties  to  the  suits,  the  kinds  of  actions,  the 
amounts  of  judgments,  or  the  general  nature  and  effect  of  the 
decrees  as  the  case  may  be,  and  the  dates  on  which  the  judgments 
and  decrees  were  rendered:  Provided,  however,  That  no  such 
orders,  judgments  or  decrees  shall  be  liens  upon  or  affect  regis- 
tered land  or  any  estate  or  interest  therein  until  a  certificate, 
under  the  hand  and  official  seal  of  the  clerk  of  the  Common 
Pleas  Court,  stating  the  date  and  purport  of  the  judgment,  de- 
cree or  order,  or  a  certified  copy  of  such  judgment,  decree  or 
order  is  filed  in  the  office  of  the  Register  of  Titles  of  said  Cook 
county  and  a  memorial  of  the  same  is  entered  upon  the  register 
of  the  last  certificate  of  title  to  be  affected. 

Section  70.  That  the  judgments  of  the  City  courts  shall 
have  the  same  force,  be  of  the  same  effect  and  be  executed  and 
enforced  in  the  same  manner  as  the  judgments  of  the  Circuit 
Court  of  Cook  County.  But  no  judgment  of  a  City  court  shall 
be  a  lien  upon  the  real  estate  of  the  person  against  whom  it  is 
obtained,  excepting  from  the  time  of  the  filing  of  a  certified 
transcript  thereof  in  the  office  of  the  Recorder  of  Cook  County, 
which  transcript  shall  contain  the  names  of  the  parties  to  the 
suit,  the  kind  of  action,  the  amount  of  the  judgments  and  the 
date  upon  which  the  same  was  rendered:  Provided,  Iwwever, 
That  no  such  judgment  of  a  City  court  shall  be  a  lien  upon  or 
affect  registered  land  or  any  estate  or  interest  therein  until  a 
certified  transcript  thereof  is  filed  in  the  office  of  the  Register 


APPENDIX. 


625 


of  Titles  of  Cook  county  and  a  memorial  of  the  same  is  entered 
upon  the  register  of  the  last  certificate  of  title  to  be  affected, 
Tlie  Recorder  of  Cook  county  shall  provide  and  keep  in  his  office, 
for  said  Common  Pleas  Court  and  for  said  City  courts,  well 
hound  books  for  entering  therein  an  alphabetical  docket  of  all 
judgments  and  decrees  rendered  in  said  Common  Pleas  Court 
and  in  said  City  courts,  as  is  now  provided  by  law  for  docketing 
judgments  and  decrees  rendered  in  Circuit  Courts,  and  shall 
forthwith,  after  the  filing  of  any  transcript  herein  provided  for, 
enter  the  same,  together  with  the  hour,  day,  month  and  7  ear  of 
the  filing  of  such  certified  transcript  and  the  general  number 
thereof. 

Section  71.  That  in  case  it  shall  be  hereafter  determined 
that  so  much  of  Sections  Eight  (8)  and  Eleven  (11)  hereof  as 
fixes  the  terms  of  office  of  the  chief  justice  and  associate  judges 
of  the  Common  Pleas  Court  is  invalid  this  act  shall  not  on  that 
account  be  adjudged  wholly  invalid,  but  the  terms  of  office  of 
the  chief  justice  and  associate  judges  of  said  Common  Pleas 
Court  shall,  in  such  case,  be  four  years,  and  they  shall  hold  their 
offices  until  their  successors  shall  be  elected  and  qualified,  and 
on  the  first  Tuesday  of  April,  A.  D.  1910,  and  on  the  first  Tues- 
day of  April  every  fourth  year  thereafter  there  shall  be  elected 
a  chief  justice  and  twenty-four  associate  judges  of  said  Common 
Pleas  Court  as  successor  in  office  of  the  judges  hereby  required 
to  be  elected  on  the  first  Tuesday  of  April,  A.  D.  1906,  and  the 
terms  of  office  of  the  associate  judges  which  may  be  added  to  said 
Common  Pleas  Court  in  pursuance  of  Section  Eleven  (11) 
hereof  shall  be  four  years. 

Section  72.  That  the  invalidity  of  any  portion  of  this  act 
shall  not  affoct  the  validity  of  any  other  portion  thereof,  which 
can  be  given  effect  without  such  invalid  part. 

Section  73.  That  this  act  shall  be  submitted  to  a  vote  of  the 
legal  voters  of  the  City  of  Chicago  at  the  general  election  to  be 
held  on  the  first  Tuesday  after  the  first  Monday  of  November, 
A.  D.  1905,  and  if  a  majority  of  the  legal  voters  of  said  city  vot- 
ing on  the  question  at  said  election  shall  consent  to  this  act  the 
same  shall  thereupon  immediately  take  effect  and  become  opera- 
tive. 

40 


626  PRACTICE    IN    THE    MUNICIPAL    COURT. 


HOUSE  BILL  NO.  281. 

The  bill  was  prepared  under  the  circumstances  and  for  the 
purpose  indicated  in  an  address  to  the  Hon.  Joseph  F.  Haas  and 
Hon.  Robert  E.  Pendarvis,  which  was  prefixed  to  it,  and  printed 
with  it.     The  address  is  as  follows: 

Honorable  Joseph  F.  Haas,  Chairman  of  the  Senate  Committee, 
and  Honorable  Robert  E.  Pendarvis,  Chairman  of  the  House 
Committee  on  Charter  Legislation  for  Chicago,  and  to  the 
Members  of  the  Committees: 

The  undersigned,  organized  for  the  purpose  of  studying  and 
if  necessary  drafting  amendments  to  the  bill  for  "An  Act  in 
relation  to  Municipal  Courts  ^n  the  City  of  Chicago,"  now  pend- 
ing in  both  branches  of  the  General  Assembly,  having  formu- 
lated certain  amendments,  consider  it  best,  in  order  that  they 
may  be  in  a  concrete  form,  to  submit  the  same  in  the  form  of 
a  draft  of  an  amended  bill,  copies  of  which  are  herewith  pre- 
sented. 

The  amended  bill  adopts  the  entire  frame  of  the  original  bill 
pertaining  to  city  courts,  with  a  few  amendments, — eliminating 
everything  relating  to  the  common  pleas  court.  If  it  is  desired 
to  have  another  court  of  general  jurisdiction  within  this  county, 
we  shall  offer  no  serious  objection.  It  would  seem  to  us  that 
this  can  be  better  accomplished,  however,  by  an  amendment  of 
the  City  Court  Act  with  a  referendum  provision,  making  it  ap- 
ply to  such  cities  as  adopt  it,  with  perhaps  less  uncertainty  as 
to  its  constitutionality. 

Those  Avho  are  in  a  position  to  know  best,  state  that  it  will 
require  from  twenty  to  twenty-five  judges  in  the  city  court  to 
do  the  work  now  done  by  the  justices  of  the  peace  and  police 
magistrates  in  the  City  of  Chicago  with  their  present  jurisdic- 
tion. If  we  increase  this  jurisdiction,  as  suggested  in  the  orig- 
inal bill,  all  of  the  twenty-five  judges  provided  for  in  that  bill 
will  be  needed  to  do  the  work  of  that  court  and  will  have  no 
time  for  the  work  of  the  common  pleas  court.  It  is  self-evi- 
dent that  the  judges  of  the  city  court  will  do  better  work  if 
their  entire  thought  is  given  to  the  duties  of  that  court. 

Radical  legislation  requiring  radical  changes  of  procedure. 


APPENDIX.  627 

either  by  courts  or  municipal  bodies,  is  sure  to  cause  much  liti- 
gation in  construing  the  new  laws.  The  wise  course  to  follow 
for  the  new  court  that  is  to  take  the  place  of  our  present  justice 
of  the  peace  system  is  to  provide  for  this  court  salaried  officials, 
and  then  make  as  few  changes  in  justice  of  the  peace  procedure 
as  possible,  so  that  the  great  body  of  decisions  and  law  that 
has  been  in  force  for  generations  in  this  state  will  still  apply 
and  control  litigation  in  the  new  courts. 

A  fundamental  objection  to  the  original  bill  is  that  the  judges 
are  given  widely  different  jurisdictions.  It  is  founded  upon  ac- 
knowledged characteristics  in  human  nature.  The  principle  in- 
volved has  been  shortly  stated — no  person  can  serve  two  mas- 
ters. The  original  bill  provides  for  judges  who  will  have  prac- 
tically unlimited  jurisdiction,  but  shall  perform  the  duties  now 
performed  by  justices  of  the  peace  and  police  magistrates.  Men 
who  seek  these  positions  will  necessarily  be  men  of  ability  and 
ambitious  to  succeed.  This  we  understand  to  be  the  thought  of 
those  who  strongly  support  this  proposed  feature  of  the  original 
bill.  These  judges  will  be  men  also  who  desire  to  make  a  rec- 
ord, not  in  the  comparatively  limited  field  of  the  police  magis- 
trates or  justices  of  the  peace,  but  in  what  they  will  oonsider  the 
higher  field  with  the  more  extended  jurisdiction.  As  soon  as 
elected,  and  even  before,  there  will  be  a  campaign  on  the  part 
of  these  officers,  not  for  the  opportunity  to  serve  the  public  in 
deciding  the  cases  of  the  poor  people,  but  to  be  excused  from 
so  doing,  and  to  be  permitted  to  exercise  power  in  the  court 
with  larger  jurisdiction.  The  result  will  be  that  most  of  the 
judges  who  are  hearing  the  cases  of  the  poor  people  will  do  so, 
much  of  the  time,  against  their  hope  and  contrary  to  their  de- 
sire. We  can  not  expect  them  to  make  a  success  of  work  which 
they  do  unwillingly. 

It  is  urged  in  support  of  the  original  bill  that  it  is  necessary 
to  provide  a  common  pleas  jurisdiction  in  order  to  attract  men 
of  a  high  class.  If  so,  it  must  be  self-evident  that  these  men 
would  be  dissatisfied  unless  assigned  to  duty  in  the  common 
pleas  court,  and  we  would  then  have  a  city  court  made  up  of 
discontented  judges. 

Under  the  original  bill,  it  is  left  to  the  chief  justice  to  deter- 
mine how  many  judges  shall  sit  in  the  city  court.  With  the 
pressure  brought  to  bear  upon  him  by  the  other  judges  for  more 


628  PRACTICE   IN   THE    MUNICIPAL    COURT. 

congenial  work,  it  would  be  strange  if  he  were  not  influenced 
thereby  to  assign  to  the  city  court  fewer  judges  than  it  would 
in  fact  need.  Should  this  condition  arise,  there  could  be  no 
immediate  relief.  The  poor  people  would  not  be  able  to  make 
their  grievances  understood,  and  laAvj^ers  would  not  feel  free  to 
protest.  At  all  events,  the  disposition  of  the  business  in  the 
city  court  would  rest  entirely  upon  the  judgment,  or  even  upon 
the  caprice,  of  one  man,  obliged  to  act  in  this  regard  imder  a 
constant  adverse  influence.  If  the  chief  justice  proved  to  be 
an  unsjTiipathetic  or  poor  executive  officer,  this  popular  court 
might  greatly  sufl^er. 

We  believe  the  plan  of  relieving  the  congested  condition  of 
our  upper  courts  and  of  providing  at  the  same  time  for  the  sum- 
mary disposition  of  the  causes  of  the  poor  is  impracticable.  The 
constitutional  amendment,  so  far  as  it  applies  to  our  courts,  was 
passed  chiefly,  if  not  solely,  for  the  purpose  of  doing  away  with 
the  evils  of  the  fee  system  in  the  justice  court  and  constable 
practice  in  Cook  county.  The  idea  that  this  amendment  was 
designed  to  afi'ect  the  practice  of  the  upper  courts  is  purely  an 
after-thought.  For  these  reasons  and  others  the  amended  bill 
omits  the  radical  innovation  of  a  common  pleas  court.  Such 
court,  of  superior  jurisdiction,  is  the  distinctive  feature  of  the 
original  bill. 

"We  have  made  a  number  of  other  changes,  and  while  most 
of  them  are  important,  some  of  them  are  not  fundamental.  We 
request  that  an  opportunity  be  given  us  to  explain  our  views 
before  the  Committees  of  the  Senate  and  House,  where  the  whole 
matter  will  be  presented.  We  request  also  that  the  amended  bill 
be  introduced  in  each  House  of  the  General  Assembly  and  re- 
ferred to  the  Charter  Committee  and  there  considered,  with  the 
original  bill. 

As  to  the  constitutionality  of  this  proposed  measure,  we  need 
only  say  that  if  the  original  bill  is  constitutional  it  would  seem 
that  the  amended  bill  would  certainly  be. 

Substantially  all  the  evils  of  the  justice  of  the  peace  practice 
in  this  city  have  been  attributable  either  to  the  fee  system  or 
the  institution  of  suits  in  remote  parts  of  the  county.  Both 
these  evils  will  be  corrected  without  the  establislmient  of  a  Com- 
mon Pleas  Court,  and  the  correction  of  both  is  provided  for  in 
the  amended  bill 


APPENDIX.  629 

In  conclusion,  let  us  specially  urge  upon  your  attention  that 
most  of  the  population  of  the  City  of  Chicago  is  poor  or  in  very 
moderate  circumstances,  and  that  about  three-fourths  of  it  is  of 
foreign  extraction.  These  are  the  people  who  must  have  litiga- 
tion in  the  city  court.  Our  best  information  is  that  about  one 
himdred  and  fifty  thousand  cases,  civil  and  criminal,  are  brought 
yearly  before  the  justices  of  the  peace  and  police  magistrates  in 
Chicago.  The  disposition  of  this  vast  business,  so  intimately 
concerning  the  life  of  the  people  of  this  city,  is  and  must  be  a 
specialty.  It  ought  not  to  be  complicated  by  any  other  problem 
or  any  other  court.  In  the  proposed  new  city  court  we  believe 
the  requisite  dignity  will  be  obtained  and  the  requisite  talent 
and  honesty  secured  by  the  abandonment  of  the  fee  system  and 
the  payment  of  the  salaries  provided  for  in  the  bill.  The  munici- 
pal or  city  court  must  be  a  separate  court,  easy  of  access  from 
all  sections  of  the  city,  and  fitted  for  the  disposition  of  all 
business  speedily  and  without  formality. 

(Here  followed  alphabetical  list  of  signers.) 

The  bill  was  introduced  into  the  House  February  17,  1905, 
and  is  as  follows: 

A  BILL  FOR 

AN  ACT  IN  RELATION  TO  A  MUNICIPAL  COURT  IN 
THE  CITY  OF  CHICAGO. 

Be  it  enacted  hy  the  People  of  the  State  of  Illinois,  represented 
in  the  General  Assembly: 

Section  1.  There  shall  be  established  in  and  for  the  City 
of  Chicago  a  municipal  court,  which  shall  be  styled  "The  City 
Court  of  Chicago." 

Section  2.  The  court  shall  have  jurisdiction,  within  the  City 
of  Chicago,  in  the  following  eases : 

First.  All  those  classes  of  suits  and  proceedings,  whether 
civil  or  criminal,  of  which  justices  of  the  peace  are  given  juris- 
diction by  law,  in  all  of  which  classes  of  suits  and  proceedings 
said  court  shall  have  jurisdiction,  excepting  when  the  amount 
sought  to  be  recovered,  whether  by  way  of  damages,  penalty, 
fine  or  otherwise,  if  the  suit  or  proceeding  be  for  the  recovery 


630  PRACTICE    IN   TILE    ilUXICiP.VL    COURT. 

of  money  only,  or  the  value  of  the  personal  property  claimed, 
if  the  suit  or  proceeding  be  brought  for  the  recovery  of  personal 
property,  exceeds  Five  Hundi-ed  Dollars  ($500)  :  provided,  how- 
ever, that  in  any  action  upon  a  bond  the  amount  sought  to  be 
recovered  thereon  and  not  the  penalty  of  the  bond  shall  deter- 
mine the  jurisdiction;  and  that  when  payments  are  to  be  made 
by  installments,  an  action  may  be  brought  in  the  court  for  each 
installment  not  exceeding  Five  Huncli*ed  Dollars  ($500)  as  it 
becomes  due. 

Second.  All  criminal  actions  in  which  the  punishment  is  by 
fine,  where  the  fine  provided  for  does  not  exceed  Two  Hundred 
Dollars  ($200),  or  by  imprisonment  otherwise  than  in  the  peni- 
tentiary, where  the  imprisonment  provided  for  does  not  exceed 
one  year,  or  both. 

Section  3.  Branches  of  the  court  shall  be  held  at  such  place 
or  places  as  may  be  provided  by  the  corporate  authorities  of  said 
city,  at  the  expense  of  the  city,  within  the  respective  territorial 
limits  within  which  they  are  to  be  located  and  exercise  their 
jurisdiction,  which  territorial  limits  shall  be  fixed  and  ordered 
by  a  majority  of  the  judges  of  said  court.  If  no  place  shall  be 
provided  by  the  corporate  authorities  of  said  city  for  the  holding 
of  a  branch  of  said  court,  or  if  the  place  provided  therefor  be- 
comes imfit,  said  court  may  by  an  order  signed  by  a  majority 
of  the  judges  of  said  court  adjourn  to  or  convene  at  a  suitable 
place  for  holding  the  branch  of  the  court  procured  for  that 
purpose  by  said  judges,  within  tlie  district  in  which  it  is  located, 
and  at  such  place  may  hold  said  court  until  a  suitable  place 
therefor  be  furnished  by  such  corporate  authorities.  The  ex- 
pense of  procuring  such  place  to  which  said  branch  is  adjourned 
or  at  which  it  is  convened  shall  be  paid  by  the  city.  The  num- 
ber of  the  branch  courts  shall  be  fixed,  and  the  boundaries  of 
the  districts  shall  be  established  and  may  be  changed  from  time 
to  time,  by  orders  signed  by  a  majority  of  the  judges  of  the 
court  and  spread  upon  the  records  thereof,  which  orders  shall 
be  published  for  three  successive  weeks,  once  in  each  week,  in 
some  newspaper  of  general  circulation  in  the  City  of  Chicago, 
and  shall  take  efi^ect  respectively  within  thirty  days  after  the 
last  publication  thereof:    provided,  however,  the  order  there  or 


APPENDIX.  631 

shall  have  been  approved  by  the  City  Council  of  the  City  of 
Chicago. 

Section  4.  No  person  shall  practice  for  compensation  before 
said  court,  or  hold  himself  out  to  the  public  as  being  entitled  to 
practice  in  said  court,  without  having  the  license  prescribed  by 
law  to  practice  in  the  courts  of  this  state,  and  a  violation  of  the 
foregoing  provisions  shall  constitute  a  misdemeanor,  punishable 
by  fine  not  exceeding  Two  Hundred  Dollars  ($200),  or  impris- 
onment in  the  county  jail  not  exceeding  one  year;  provided, 
however,  that  any  plaintiff  or  defendant  may  prosecute  or  de- 
fend any  suit  or  proceeding  in  said  court  in  his  o^vn  proper 
person. 

Section  5.  All  blanks,  printed  forms,  books,  papers,  station- 
ery and  furniture  necessary  to  the  keeping  of  the  records  of  the 
proceedings  of  said  court,  and  the  transaction  of  the  business 
thereof,  shall,  at  the  expense  of  the  city,  be  furnished  to  the 
officers  thereof,  who  shall  furnish  to  suitors  and  attorneys  on 
application  the  blanks  used  in  the  procedure  in  said  court. 

Section  6.  Said  court  shall  consist  of  twenty-five  (25)  judges 
one  of  whom  shall  be  chief  justice  and  the  remaining  twenty- 
four  (24)  of  whom  shall  be  associate  judges.  Said  court  may 
be  divided,  from  time  to  time,  into  as  many  branches  as  may 
be  deemed  necessary  for  the  prompt  and  proper  disposition  of 
the  business  of  said  respective  branches,  and  as  may  be  de- 
termined by  the  chief  justice.  The  chief  justice,  in  addition  to 
all  the  other  powers  of  a  judge  of  said  court,  shall  have  the 
general  superintendence  of  the  business  of  said  court ;  he  shall 
prepare  a  set  of  forms  and  blanks  for  use  in  said  court ;  he 
shall  preside  at  all  meetings  of  the  judges,  and  he  shall  assign 
the  associate  judges  to  duty  in  the  branches  of  said  court,  from 
time  to  time,  as  he  may  deem  necessary  for  the  prompt  disposi- 
tion of  the  business  thereof,  and  it  shall  be  the  duty  of  each 
associate  judge  to  attend  and  serve  at  any  branch  of  said  court 
to  which  he  may  be  so  assigned.  The  chief  justice  shall  also 
superintend  the  preparation  of  the  calendars  of  cases  for  trial 
in  the  respective  branches,  and  shall  make  such  classification 
and  distribution  of  the  same  upon  different  calendars  as  he  shall 
deem  proper  and  expedient.    Each  associate  judge  shall,  at  the 


632  PRACTICE    IN    THE    MUNICIPAL    COURT. 

commencement  of  each  month,  make  to  the  chief  justice,  under 
his  official  oath,  a  report  in  writing  of  the  duties  performed  by 
him  during  the  preceding  month,  which  report  shall  specify  the 
number  of  days'  attendance  in  court  of  such  judge  during  such 
month,  and  the  branch  upon  which  he  has  attended,  and  the 
number  of  hours  per  day  of  such  attendance,  for  which  the  chief 
justice  shall  cause  suitable  blanks  to  be  prepared  and  furnished 
to  the  associate  judges.  The  chief  justice  must  give  his  attention 
faithfully  to  the  discharge  of  the  duties  especially  pertaining  to 
his  office  and  to  the  performance  of  such  additional  judicial 
work  as  he  may  be  able  to  perform.  Each  associate  judge  must 
perform  his  share  of  the  labors  and  duties  appertaining  to  the 
office.  At  least  one  associate  judge  must  be  in  attendance  in 
each  branch  six  hours  of  each  day,  except  Sunday,  a  public  holi- 
day, or  a  day  upon  which  inhabitants  of  the  City  of  Chicago 
generally  refrain  from  business,  and  such  other  days  for  vaca- 
tions, not  exceeding  thirty-six  (36)  in  number  to  any  judge  in 
any  year,  as  may  be  fixed  and  specified  by  rule  of  court  or  by 
the  chief  justice;  and  each  associate  judge,  while  in  the  court- 
room or  in  chambers,  and  not  actually  engaged  in  the  perform- 
ance of  other  official  duties,  must  act  upon  any  application  for 
his  official  action  properly  made  to  him.  One  branch  of  the 
court  shall  be  kept  open,  and  at  least  one  judge,  assigned  for 
that  purpose  by  the  chief  justice,  shall  be  in  attendance  thereat, 
each  day,  excepting  Sunday  or  a  public  holiday,  from  nine 
o'clock  A.  M.  until  ten  o'clock  p.  m.,  excepting  two  hours'  inter- 
mission, for  the  transaction  of  such  business  as  may  come  before 
it:  provided,  however,  that  on  Sundays  and  public  holidays  at 
least  one  branch  court  shall  hold  morning  sessions  for  the  hear- 
ing of  criminal  and  quasi  criminal  eases.  It  shall  be  the  duty 
of  the  chief  justice  and  the  associate  judges  to  meet  together  at 
least  once  in  each  month,  excepting  the  month  of  August,  in 
each  year,  at  such  hour  and  place  as  may  be  designated  by  the 
chief  justice,  and  at  such  other  times  as  may  be  required  by  the 
chief  justice,  for  the  consideration  of  such  matters  pertaining  to 
the  administration  of  justice  in  said  court  as  may  be  brought 
before  them.  At  such  meetings  they  shall  receive  and  investi- 
gate, or  cause  to  be  investigated,  all  complaints  presented  to  them 
pertaining  to  the  said  court  or  to  the  officers  thereof,  and  shall 
take  such  steps  as  they  may  deem  necessary  or  proper  with  re- 


APPENDIX.  633 

spect  thereto,  and  they  shall  have  power,  and  it  shall  be  their 
duty,  to  adopt  or  cause  to  be  adopted  all  such  rules  and  regula- 
tions for  the  proper  conduct  of  said  court  as  to  them  may  seem 
expedient.  The  salary  of  each  judge  shall'  be  Six  Thousand 
Dollars  ($6,000)  per  annum,  payable  in  monthly  installments 
out  of  the  city  treasury. 

Section  7.  The  judges  of  the  court  shall  be  elected  on  the 
first  Monday  of  June,  A.  D.  1906.  They  shall  enter  upon  the 
discharge  of  their  duties  on  May  1,  A.  D.  1907.  Upon  the  elec- 
tion of  the  judges  they  shall  by  lot  divide  themselves  into  three 
classes,  the  first  and  second  of  eight  each,  and  the  third  of  nine 
judges.  The  first  class  shall  hold  their  offices  until  the  city 
election  for  aldermen  in  the  City  of  Chicago  in  April,  A.  D. 
1908 ;  and  the  second  and  third  until  such  election  in  the  years 
A.  D.  1910  and  A.  D.  1912,  respectively;  and  at  such  elections 
judges  shall  be  elected  to  fill  the  vacancies  caused  by  the  expira- 
tion of  the  terras  of  said  judges,  and  the  judges  so  elected  shall 
hold  their  offices  for  the  terms  of  six  years,  and  until  their  suc- 
cessors are  elected  and  qualified.  Vacancies  in  the  office  of  judge 
of  the  court  shall  be  filled  by  election  at  the  city  election  for  alder- 
men in  the  City  of  Chicago,  which  shall  occur  next  after  a  period 
of  thirty  (30)  days  from  the  time  such  vacancies  respectively 
occur ;  but  where  the  unexpired  term  does  not  exceed  one  year, 
the  vacancy  shall  be  filled  by  appointment  by  the  Governor.  The 
judges  shall  annually  select  one  of  their  number  to  act  as  chief 
justice  for  the  ensuing  year.  Whenever  a  vacancy  occurs  in  the 
office  of  chief  justice,  or  whenever  the  chief  justice  shall  be  ab- 
sent from  the  City  of  Chicago,  or  incapacitated  from  acting,  the 
associate  judges  shall  select  one  of  their  number  to  act  as  chief 
justice  until  such  vacancy  shall  be  filled  by  selection,  as  above 
provided  for,  or  until  the  return  of  the  chief  justice,  or  until  his 
incapacity  ceases. 

Section  8.  No  person  shall  be  eligible  to  the  office  of  judge 
of  the  court  unless  he  shall  be  at  least  thirty  years  of  age,  and 
a  citizen  of  the  United  States,  nor  unless  he  shall  have  resided 
in  the  City  of  Chicago,  and  been  there  engaged  either  in  active 
practice  as  an  attorney  and  counsellor  at  law,  or  in  the  discharge 
of  the  duties  of  a  judicial  office  five  years  next  preceding  his 
election  or  appointment,  or  in  one  of  said  occupations  during  a 


G34  PRACTICE    IN    THE    MUNICIPAL    COURT. 

portion  of  said  time,  and  in  the  other,  the  remaining  portion 
thereof,  and  shall,  at  the  time  of  his  election  or  appointment, 
be  a  resident  of  the  City  of  Chicago.  Nor  shall  any  person  be 
eligible  to  the  office  of  judge  of  the  court  who  shall  have  con- 
tributed or  expended,  directly  or  indirectly,  or  Avho  shall  have 
agreed  to  contribute  or  expend,  directly  or  indirectly,  any  money 
or  property  whatever  for  the  purpose  of  furthering  either  his 
nomination  as  a  candidate  for  said  office,  or  his  election  thereto, 
or  the  nomination  or  election  of  any  other  candidate  for  office 
at  such  election. 

Section  9.    Every  judge  of  said  court,  before  he  enters  upon 

the  duties  of  his  office,  shall  take  and  subscribe  the  following 

oath  or  affirmation : 

"I  do  solemnly  swear  (or  affirm,  as  the  case  may  be) 
that  I  will  support  the  Constitution  of  the  United  States 
and  the  Constitution  of  the  State  of  Illinois,  and  that  I  will 
faithfully  discharge  the  duties  of  the  office  of  judge  of  the 
City  Court  of  Chicago,  according  to  the  best  of  my  ability." 

Said  oath  shall  be  filed  in  the  office  of  the  City  Clerk  of  the 

City  of  Chicago. 

Section  10.  Whenever  two-thirds  in  number  of  the  judges 
of  the  court  shall  transmit  to  the  City  Council  of  the  City  of 
Chicago  a  certificate  signed  by  them,  that  in  the  opinion  of  said 
judges  the  business  of  said  court  is  sucK  as  to  require  an  in- 
crease in  the  number  of  the  judges  of  said  court,  said  Council 
may,  by  ordinance,  provide  for  an  increase  of  either  thi'ee  or  six 
in  the  niunber  of  said  judges,  who  shall  be  elected  at  the  next 
ensuing  city  election  for  aldermen  in  said  city  in  an  even  num- 
bered year.  The  judges  elected  in  accordance  with  such  ordi- 
nance shall  by  lot  divide  themselves  into  three  classes.  The 
first  class  shall  hold  office  until  the  first,  the  second  class  until 
the  second,  and  the  third  class  until  the  third  city  election  there- 
after for  aldermen  in  said  City  of  Chicago  in  an  even* numbered 
year,  and  until  their  successors  shall  be  elected  and  qualified. 
The  vacancies  occasioned  by  the  expiration  of  the  terms  of  such 
judges  shall  be  filled  in  accordance  with  the  provisions  of  this 
Act  made  for  filling  the  vacancies  in  the  terms  of  the  judges  in 
this  Act  originally  provided  for.  In  case  only  three  judges  are 
provided  for  by  ordinance,  the  said  City  Council  may  again. 


APPENDIX.  635 

provide  in  the  same  way  and  with  the  same  effect  for  three  more 
in  number  of  said  judges.  After  an  increase  in  the  number  of 
judges  to  six  is  made  by  ordinance,  no  subsequent  increase  there- 
of shall  be  made  by  said  City  Council. 

Section  11.  There  shall  be  a  clerk  of  said  court,  who  shall 
be  appointed  by  and  hold  his  office  during  the  pleasure  of  a  ma- 
jority of  the  judges  of  said  court.  He  shall  perform  with  respect 
to  said  court  and  the  respective  branches  thereof  the  duties 
usually  performed  by  clerks  of  courts  of  record.  He  shall  give 
his  personal  attention  to  the  performance  of  the  duties  of  his 
office.  The  clerk '^  office  of  the  court  shall  be  kept  open  for  the 
transaction  of  business  from  eight  o'clock  a.  m.  to  six  o'clock 
p.  M.  of  each  working  day  during  the  year.  Until  otherwise 
provided  by  the  rules  which  may  be  adopted  under  the  pro- 
visions of  this  Act,  the  powers,  duties  and  liabilities,  the  oath  of 
office  and  the  bond  and  condition  thereof  of  such  clerk  shall  be 
the  same,  as  near  as  may  be,  as  those  prescribed  by  law  for 
clerks  of  courts  by  the  Act  entitled  "An  Act  to  revise  the  law 
in  relation  to  clerks  of  courts,"  approved  March  25,  1874,  and 
in  force  July  1,  1874.  His  salary  shall  be  Three  Thousand 
Dollars  ($3,000)  per  annum,  and  shall  be  paid  in  monthly  in- 
stallments out  of  the  city  treasury 

Said  clerk  shall  appoint  such  niunber  of  deputies  as  may  be 
determined,  from  time  to  time,  by  a  majority  of  the  judges  of 
the  court  by  orders  signed  by  them  and  spread  upon  the  records 
of  said  court.  The  salaries  of  deputy  clerks  shall  be  fixed,  from 
time  to  time,  by  orders  signed  by  a  majority  of  the  judges  of 
the  court  and  spread  upon  the  records  of  the  court,  and  shall 
be  payable  out  of  the  city  treasury  in  monthly  installments: 
provided,  however,  that  the  salary  of  no  deputy  clerk  shall  ex- 
ceed Fifteen  Hundred  Dollars  ($1,500)  per  annum.  Such  dep- 
uty clerks  shall  take  the  same  oath  or  affirmation  required  by 
the  clerk  of  said  court  and  shall  give  bonds,  to  be  approved  by 
the  chief  justice  of  said  court,  conditioned,  as  near  as  may  be, 
like  the  bond  required  of  the  clerk.  Any  deputy  clerk  shall  be 
subject  to  removal  at  any  time  by  an  order  signed  by  a  ma- 
jority of  the  judges  and  spread  upon  the  records  of  said  court. 
The  niunber  of  deputy  clerks  may  be  reduced  at  any  time  by 
an  order  signed  by  a  majority  of  the  judges  of  said  court  and 


636  PRACTICE    IN    THE    MUNICIPAL    COURT. 

spread  upon  the  records  of  said  court.  It  shall  be  the  duty  of 
the  deputy  clerks  to  render  to  parties  to  suits  such  assistance  and 
give  them  such  information  as  may  enable  them  to  properly 
commence  suits,  which  duty  shall  be  regulated  and  defined  by 
instructions  to  be  prepared  by  the  chief  justice.  The  selection 
of  deputy  clerks  shall  be  made  in  accordance  with  the  provisions 
of  the  Act  entitled  "An  Act  to  regulate  the  civil  service  of 
cities,"  approved  March  20,  1895. 

Section  12.  There  shall  be  a  bailiff  of  said  court,  who  shall 
be  appointed  and  hold  his  office  during  the  pleasure  of  a  major- 
ity of  the  judges  of  said  court.  He  shall  perform  with  respect 
to  said  court  and  the  respective  branches  thereof  the  duties 
usually  performed  by  sheriffs  in  respect  to  attendance  upon,  and 
service  and  execution  of  process,  and  obedience  to  the  lawful 
orders  and  directions  of  a  circuit  court.  He  shall  give  his  per- 
sonal attention  to  the  performance  of  the  duties  of  his  office. 
The  bailiff's  office  shall  be  kept  open  for  the  transaction  of  busi- 
ness from  eight  o'clock  a.  m.  to  six  o'clock  p.  m.  of  each  working 
day  during  the  year.  The  powers,  duties  and  liabilities,  the  oath 
of  office,  and  the  bond  and  condition  thereof  of  such  bailiff  shall 
be  the  same,  as  near  as  may  be,  as  those  prescribed  by  law  for 
sheriffs  with  respect  to  attendance  upon,  and  service  and  execu- 
tion of  process,  and  obedience  to  the  lawful  orders  and  directions 
of  a  circuit  court.  His  salary  shall  be  three  thousand  dollars 
($3,000)  per  annum,  and  shall  be  paid  in  monthly  installments 
out  of  the  city  treasury. 

Section  13.  Such  bailiff  shall  appoint  such  number  of  depu- 
ties as  may  be  determined,  from  time  to  time,  by  a  majority  of 
the  judges  of  the  court  by  orders  signed  by  them  and  spread 
upon  the  records  of  said  court.  The  salaries  of  deputy  bailiffs 
shall  be  fixed,  from  time  to  time,  by  orders  signed  by  a  majority 
of  the  judges  of  the  court  and  spread  upon  the  records  of  the 
court,  and  shall  be  payable  out  of  the  city  treasury  in  montlily 
installments:  provided,  however,  that  the  salary  of  no  deputy 
bailiff  shall  exceed  twelve  hundred  dollars  ($1,200)  per  annum. 
Such  deputy  bailiffs  shall  take  the  same  oathi  or  affirmations  re- 
quired of  the  bailiff  of  said  court,  and  shall  give  bonds,  to  be 
approved  by  the  chief  justice  of  said  court,  conditioned,  as  near 
as  may  be,  like  the  bond  required  of  the  bailiff.    The  bailiff  and 


I 
I 


APPENDIX.  637 

deputy  bailiffs  of  the  court  shall  be  ex  officio  police  officers  of 
the  City  of  Chicago.  Any  deputy  bailiff  shall  be  subject  to 
removal  at  any  time  by  an  order  signed  by  a  majority  of  the 
judges  and  spread  upon  the  records  of  said  court.  The  number 
of  deputy  bailiffs  may  be  reduced  at  any  time  by  an  order  signed 
by  a  majority  of  the  judges  of  said  court  and  spread  upon  the 
records  of  said  court.  Every  police  officer  of  the-  City  of  Chicago 
shall  be  ex  officio  a  deputy  bailiff'  of  the  court  and  shall  perform, 
from  time  to  time,  such  duties  in  respect  to  criminal  and  quasi 
criminal  cases,  including  cases  pertaining  to  alleged  violations 
of  city  ordinances  pending  in  said  court,  as  may  be  required  of 
him  by  the  court  or  branch  thereof  or  any  judge  thereof.  All 
selections  of  deputy  bailiffs  shall  be  made  in  accordance  with 
the  provisions  of  the  act  entitled  "An  Act  to  regulate  the  civil 
service  of  cities,"  approved  March  20,  1895. 

Section  14.  Neither  the  clerk  nor  the  bailiff  nor  any  deputy 
clerk  or  deputy  bailiff  of  said  court  shall  receive,  aside  from 
his  salary  and  the  costs  by  this  Act  required  to  be  paid  to  him 
in  his  official  capacity,  any  money,  property  or  other  valuable 
thing,  as  a  gratuity  or  otherwise,  for  the  performance  of  any 
duty  imposed  upon  him  by  virtue  of  his  office,  or  for  the  per- 
formance of  any  work  of  any  kind  or  character  in  any  manner 
connected  therewith;  nor  shall  the  chief  justice  or  any  judge, 
or  the  clerk  or  the  bailiff  or  any  deputy  clerk  or  deputy  bailiff 
of  said  court  solicit  or  receive,  or  cause  to  be  solicited  or  re- 
ceived, from  any  railroad  corporation  or  other  common  carrier, 
for  himself  or  for  any  other  person,  any  free  pass  or  other  gift 
of  value.  It  shall  be  the  duty  of  the  judges  of  said  court  to 
remove  from  office  any  clerk,  deputy  clerk,  bailiff  or  deputy 
bailiff  who  shall  violate  any  provision  of  this  section.  The  pow- 
ers, duties  and  liabilities  of  such  deputy  bailiffs  shall  be  the 
same,  as  near  as  may  be,  as  those  prescribed  by  law  for  con- 
stables with  respect  to  attendance  upon,  and  service  and  exe- 
cution of  process,  and  obedience  to  the  lawful  orders  and  direc- 
tions of  said  court. 

Section  15.  The  practice  and  procedure  in  said  court  shall 
be  the  same,  as  near  as  may  be,  as  that  prescribed  by  law  for 
similar  suits  and  proceedings  before  justices  of  the  peace  and 
police  magistrates. 


638  PRACTICE    IN    THE    MUNICIPAL    COURT. 

The  provisions  of  all  laws  relating  to  justices  of  the  peace 
and  police  maj^istrates,  which  concern  the  practice  and  proce- 
dure before  them,  transcripts,  all  proceedings  by  appeal  or 
otherwise  to  review  their  judgments  and  the  acknowledgment 
of  chattel  mortgages  and  conveyances  between  husband  and 
wife  shall,  as  near  as  may  be,  except  as  otherwise  provided  in 
this  act,  apply  to  said  City  Court  and  the  practice  and  proce- 
dure therein. 

Section  16.  Service  of  siunmons  or  writ  shall  be  made  by 
delivering  a  copj^  thereof  to  the  defendant,  if  an  individual ;  but 
if  any  defendant  be  a  corporation,  the  service  shall  be  made  in 
the  manner  provided  by  law  for  similar  cases  at  law  in  the  Cir- 
cuit Court. 

Section  17.  The  court  shall  not  exercise  jurisdiction  in  any 
suit  brought  therein,  unless  the  defendant,  if  there  be  one  de- 
fendant, or  one  of  the  defendants,  if  there  be  more  than  one  de- 
fendant, resides  or  is  found  within  the  district  in  which  the 
branch  of  said  court  is  located,  or  if  the  defendant  be  a  cor- 
poration having  its  principal  office  in  the  City  of  Chicago,  unless 
its  principal  office  is  within  such  district;  but  if  the  defendant 
be  a  corporation  not  having  its  principal  office  in  the  City  of 
Chicago,  suit  may  be  brought  in  any  branch  of  the  court  within 
whose  district  service  of  process  may  be  had  upon  any  officer, 
agent  or  employe  of  such  corporation  upon  whom  service  of 
process  might  be  had  if  issued  in  a  suit  commenced  in  the  Cir- 
cuit Court.  If,  in  any  case,  there  is  more  than  one  defendant 
and  one  defendant  resides  or  is  found  within  said  district,  or  is 
properly  served  with  process  therein,  the  process  of  said  court 
may  be  served  upon  the  remaining  defendant  or  defendants  at 
any  place  within  said  City  of  Chicago;  but  should  such  suit  be 
dismissed  as  to  the  defendant  residing  or  foimd  within  said  dis- 
trict, then  such  suit  shall,  upon  the  trial,  be  dismissed  by  the 
court  as  to  all  defendants,  unless  all  the  other  defendants  con- 
sent that  the  court  may  retain  jurisdiction.  Provided,  that  no 
suit  shall  be  brought  against  the  City  of  Chicago  or  any  other 
municipal  corporation  in  said  court  other  than  in  the  district 
in  w^hich  the  City  Hall  is  located.  This  section  shall  not  apply 
to  attachment  suits  brought  against  non-residents  of  this  state, 
which  suits  may  be  brought  in  any  branch  of  the  court  within 


APPENDIX.  639 

the  district  in  which  any  property  of  the  defendant  is  levied 
upon,  or  within  which  any  garnishee  resides  or  is  found.  When, 
upon  the  complaint  of  any  defendant,  it  shall  be  made  to  appear 
to  any  branch  of  the  court  that  a  suit  has  been  improperly 
brought  therein,  the  court  shall  not  be  required  on  that  account 
to  dismiss  the  suit,  if  any  branch  of  the  court  could  properly 
have  jurisdiction  thereof;  but  in  such  case  the  court  may  cause 
such  suit  to  be  transferred  to  the  proper  branch  of  the  court, 
and  the  branch  to  which  the  same  is  transferred  shall  proceed 
therewith,  as  if  the  same  had  been  originally  commenced  in  the 
district  in  which  such  branch  is  located:  provided,  however,  that 
the  court  may,  in  its  discretion,  require  the  plaintiff  to  pay  the 
costs  of  the  defendant  paid  by  him  prior  to  such  transfer. 

Section  18.  Previous  to  the  commencement  of  any  trial 
before  any  Judge  of  said  court  the  defendant,  or  his  agent  or 
attorney,  may  make  oath  that  it  is  the  belief  of  such  deponent 
that  the  defendant  cannot  have  an  impartial  trial  before  such 
judge.  Whereupon,  it  shall  be  the  duty  of  the  judge  to  grant 
a  change  of  venue  to  a  judge  who  is  not  of  kin  to  either  party, 
or  interested  in  the  event  of  the  suit.  In  no  case  shall  the  grant- 
ing of  any  change  of  venue  delay  the  trial  of  the  suit,  but  such 
suit  shall  be  tried  and  disposed  of  at  the  time  set  for  the  trial 
thereof,  or  at  the  time  to  which  the  trial  thereof  may  be  post- 
poned, before  some  other  judge  of  the  court  in  the  same,  or  in 
any  other  district  in  which  the  suit  may  be  ordered  to  be  tried, 
and  all  orders  necessary  for  the  setting  of  such  suit  for  trial, 
and  for  the  securing  of  a  speedy  trial  thereof  may  be  made  by 
the  judge  from  whom  said  change  of  venue  has  been  obtained. 

Section  19.  Upon  the  filing  of  any  praecipe  which  shall  not 
have  attached  thereto  an  affidavit  of  amount  due,  the  court  or 
the  clerk  thereof  shall  examine  the  plaintiff  as  to  the  amount 
claimed,  and  shall  endorse  thereon  the  amount  of  such  claim. 
Upon  each  summons  there  shall  be  endorsed  the  amount  shown 
to  be  due  by  the  affidavit  or  by  the  endorsement  upon  the  pre- 
cipe, and  the  defendant  may  pay  such  sum  and  costs  to  the  dep- 
uty bailiff  who  serves  such  summons.  Upon  such  payment  the 
officer  shall  immediately  give  a  receipt  to  the  defendant  for 
such  sum  and  costs,  and  shall  make  a  return  of  that  fact  upon 
the  summons,  and  thereupon  a  judgment  shall  be  entered  for  the 


640  PRACTICE  IN  THE  MUNICIPAL.  COURT. 

sum  SO  claimed  and  costs,  and  immediately  marked  satisfied  by 
pajinent.  Upon  every  summons  there  shall  be  printed  in  plain 
type  the  location  of  the  branch  of  the  coiu-t  to  which  the  same 
is  returnable,  information  prescribed  by  the  chief  justice  con- 
cerning defaults  in  cases  of  non-appearance  of  the  defendant, 
and  such  further  information  as  may  be  prescribed  by  the  chief 
justice. 

Section  20.  The  process  in  any  suit  for  the  violation  of  any 
municipal  ordinance  shall,  except  as  hereinafter  provided,  be  a 
summons.  If  the  defendant,  after  being  duly  served  with  sum- 
mons, fails  to  appear  personally  at  the  time  specified  in  the  sum- 
mons, the  court  may  proceed  with  the  trial  or  may  issue  a  war- 
rant for  the  arrest  of  the  defendant. 

When  the  offense  complained  of  is  also  a  violation  of  any 
provision  of  the  criminal  code  the  court  may  issue  a  warrant  in 
the  first  instance  for  the  violation  of  the  ordinance  under  the 
like  circumstances  under  which  a  warrant  might  issue  for  a 
violation  of  the  criminal  code. 

A  warrant  may  issue  in  the  first  instance  upon  the  affidavit 
of  any  person  that  an  ordinance  has  been  violated,  and  that  the 
person  making  the  complaint  has  reasonable  grounds  to  believe 
the  party  charged  is  guilty  thereof  and  will  escape  unless 
arrested,  and  stating  the  facts  upon  which  such  belief  is  based, 
provided  the  judge  to  whom  application  is  made  for  such  war- 
rant shall  be  satisfied,  after  examining  under  oath  the  party 
making  the  affidavit  that  such  arrest  should  be  made,  and  any 
person  arrested  upon  any  warrant  herein  provided  for  shall, 
without  unneeessaiy  delay,  be  taken  before  the  branch  of  the 
court  to  which  such  warrant  is  returnable  and  tried  for  the 
alleged  offense. 

Section  21.  Upon  the  arrest  of  any  person  for  any  criminal 
or  quasi  criminal  offense  within  the  jurisdiction  of  the  court  the 
chief  of  police  or  any  captain,  lieutenant  or  sergeant  of  police 
of  the  City  of  Chicago  shall  have  power  to  let  such  person  to 
bail.  The  bail  bond  in  any  such  case  shall  be  conditioned  for 
the  appearance  of  the  person  arrested  before  some  branch  of  the 
court,  at  a  time  fixed  in  such  bond  for  such  appearance,  which 
time  shall  be  not  later  than  two  days  after  the  date  of  the  bond. 
Anv  bond  so  taken  shall  be  signed  by  one  or  more  sureties,  to  be 


APPENDIX.  641 

approved  by  such  officer,  who  is  hereby  authorized  and  required 
to  administer  oaths  for  the  purpose  of  ascertaining  the  suffi- 
ciency of  the  sureties.  All  bonds  so  taken  shall  be  filed  with  the 
clerk  of  the  branch  at  which  the  person  arrested  is  required  to 
appear.  The  exercise  of  the  power  hereby  conferred  of  letting 
to  bail  shall  be  subject  to  regulation  by  such  rules  as  may  be 
adopted  by  a  majority  of  the  judges  of  the  court,  as  herein  pro- 
vided. But  any  person  so  arrested  shall  have  the  right  to  be 
brought  immediately  before  the  branch  of  the  court  in  the  dis- 
trict in  which  he  is  arrested,  or,  if  there  be  no  judge  then  in 
attendance  upon  such  branch,  to  any  other  branch  at  which  there 
may  be  a  judge  then  in  attendance,  to  be  dealt  with  according 
to  law. 

Section  22.  Both  in  direct  and  in  collateral  proceedings  the 
same  presumptions  shall  be  indulged  with  respect  to  the  juris- 
diction of  the  coui't  over  the  subject-matter  of  suits  and  over 
the  parties  thereto  as  are  indulged  with  respect  to  the  jurisdic- 
tion of  Circuit  Courts  in  like  cases. 

Section  23.  Any  money  judgment  rendered  in  the  court, 
when  no  execution  issued  thereon  is  outstanding,  may  be  satis- 
fied by  the  payment  by  the  party  against  whom  the  same  has 
been  rendered  of  the  amount  thereof  and  the  costs  to  the  clerk 
of  the  court,  who,  upon  payment  being  made,  shall  enter  satis- 
faction thereof,  and  shall,  upon  demand,  pay  over  the  money 
received  by  him  to  the  person  appearing  of  record  to  be  entitled 
thereto. 

Section  24.  The  court  shall  take  judicial  notice  of  all  mat- 
ters of  which  courts  of  general  jurisdiction  in  this  state  are 
required  to  take  judicial  notice,  and  also  of  the  following: 

All  general  ordinances  of  the  City  of  Chicago. 

Section  25.  The  costs  in  civil  cases  in  the  court  shall  be  as 
follows : 

First.  The  plaintiff  at  the  time  of  commencing  his  suit  shall 
pay  to  the  clerk  in  full  for  all  services  to  be  rendered  by  said 
clerk  Two  Dollars  ($2),  when  the  amount  claimed  by  him  in 
money  or  property  does  not  exceed  One  Hundred  Dollars  ($100) 
and  five  dollars  ($5)  in  all  other  cases,  including  all  forcible  en- 
try and  detainer  cases. 
41 


(3-12  PRACTICE   IN   THE   MUNICIPAL   COUKT. 

Second.  The  party  delivering  to  the  bailiff  any  summons, 
writ  of  attachment,  writ  of  replevin,  subpoena,  writ  of  execution 
or  other  process,  shall,  at  the  time  of  making  such  delivery,  pay 
to  the  bailiff  the  siun  of  One  Dollar  ($1)  for  each  defendant 
named  in  such  process  upon  whom  service  thereof  is  to  be  made ; 
and  in  case  of  writs  of  attachment,  replevin  or  execution,  he 
shall  pay  to  the  bailiff  the  further  sum  of  One  Dollar  ($1)  when 
any  levy  upon  or  seizure  of  property  is  to  be  made  thereunder, 
and  shall  also  pay  to  the  bailiff  the  actual  expense  of  seizing  and 
caring  for  anj^  property  levied  upon  or  seized  thereunder. 

Third.  As  commissions  on  moneys  realized  by  execution,  the 
bailiff  shall  collect  from  the  defendant  in  the  execution  five  per 
cent,  upon  the  amount  realized,  if  it  do  not  exceed  One  Hun- 
dred Dollars  ($100),  but  if  the  amount  realized  exceeds  One 
Hiuidred  Dollars  ($100)  the  bailiff  shall  collect  five  per  cent,  on 
the  first  One  Hundred  Dollars  ($100)  and  three  per  cent,  upon 
the  excess  over  One  Hundred  Dollars  ($100). 

Section  26.  In  criminal  and  quasi  criminal  cases  and  pro- 
ceedings in  the  court  instituted  in  the  name  or  by  the  authority 
of  the  people,  or  in  the  name  of  any  state  or  county  officer  in 
his  official  capacity,  no  fee  or  costs  shall  be  asked  or  received  in 
advance. 

All  moneys  collected  upon  judgments  of  the  court  in  cases 
for  the  violation  of  the  ordinances  of  the  City  of  Chicago  shall 
be  paid  to  the  clerk,  who  shall  pay  over  the  same  to  the  City  of 
Chicago  within  one  week  after  receiving  the  same. 

Section  27.  All  costs  collected  in  each  week  by  the  clerk 
and  bailiff  shall  be  paid  over  by  ""them  respectively  to  the  City 
of  Chicago  on  the  Monday  of  the  succeeding  week,  and  the 
clerk  and  bailiff  shall  be  held  personally  responsible  for  all  costs 
required  to  be  paid  to  them  in  advance  as  hereinbefore  provided, 
less  such  sums  as  shall  have  been  paid  out  as  jurors'  fees  where 
the  jury  shall  have  been  summoned  in  a  cause  wherein  the  de- 
fendant is  not  required  by  law  to  advance  the  same.  They  shall 
be  required  to  keep  complete  and  accurate  accounts  of  all  moneys 
collected  by  them,  and  such  accounts  shall,  under  the  direction 
of  the  chief  justice  of  said  court,  be  examined  and  audited 
monthly,  the  expense  thereof  to  be  paid  by  the  city. 


-     APPENDIX.  643 

Section  28.  The  offices  of  justices  of  the  peace,  police  magis- 
trates and  constables  in  and  for  the  territory  within  the  City  of 
Chicago  are  hereby  abolished,  and  the  jurisdiction  of  justices  of 
the  peace  in  the  territory  in  the  County  of  Cook  outside  of  the 
City  of  Chicago  is  hereby  limited  to  the  territory  outside  of  said 
city ;  but  this  section  of  this  Act  shall  not  become  operative  until 
May  1,  A.  D.  1907,  and  on  and  after  said  date  the  jurisdiction 
hereby  conferred  upon  the  court  shall  exclude  the  exercise  of  any 
portion  of  such  jurisdiction  by  all  other  courts  excepting  courts 
of  record,  and  on  and  after  said  date,  no  other  court  than  a 
court  of  record  shall  exercise  jurisdiction  in  any  case  of  which 
said  court  is  given  jurisdiction  by  this  Act. 

Section  29.  When  the  offices  of  justices  of  the  peace  within 
the  City  of  Chicago  shall  be  abolished,  the  docket  of  each  jus- 
tice of  the  peace  whose  office  is  thus  abolished  shall  be  forthwith 
delivered  up  to  the  clerk  of  said  court.  Executions  may  be  is- 
sued by  the  clerk  of  said  court  upon  any  unsatisfied  judgments 
rendered  by  such  justice  of  the  peace  in  all  cases  in  which  the 
same  might  have  been  issued  had  such  office  of  justice  of  the 
peace  not  been  abolished,  and  an  appeal  shall  lie  to  the  Circuit 
Court,  Superior  Court  or  County  Court  of  Cook  County  from 
any  judgment  rendered  by  any  justice  of  the  peace  within  twen- 
ty days  prior  to  May  1,  A.  D.  1907,  upon  the  giving  by  the  ap- 
pellant of  an  appeal  bond,  with  security,  as  now  required  by  law 
in  cases  of  appeals  from  justices  of  the  peace:  provided,  the 
appeal  bond  is  filed  at  any  time  within  twenty  days  after  said 
date.  In  all  cases  not  determined  or  finally  disposed  of  by  any 
such  justice  of  the  peace  at  the  time  his  office  is  abolished,  such 
proceedings  shall  be  had  in  said  court,  as  might  be  had  were 
such  suits  originally  brought  in  said  court,  but  no  trial  of  any 
such  case  shall  be  had  in  said  court  without  such  notice  to  the 
parties  thereto  as  the  court  may  deem  necessary.  All  writs  is- 
sued by  justices  of  the  peace  within  the  City  of  Chicago  and 
which  shall  not  have  been  returned  on  or  before  May  1,  A.  D. 
1907,  shall  be  forthwith  returned  to  the  court,  and  said  court 
shall  have  full  power  to  make  such  provision  for  the  execution 
or  other  disposition  of  all  such  writs  as  said  court  may  deem 
proper  for  the  protection  of  the  rights  of  the  respective  parties 
to  the  suits  in  which  such  writs  shall  have  been  issued. 


G44  PRACTICE  IN  THE   MUNICIPAL   COURT. 

Section  30.  It  shall  be  the  duty  of  the  chief  justice  of  the 
court  to  superintend  the  keeping  of  the  records  of  said  court  and 
to  prescribe  abbreviated  forms  of  entries  of  orders  therein  in 
civil  cases,  wliich  abbreviated  forms  so  prescribed  shall  have  the 
same  force  and  effect  as  if  said  orders  were  entered  in  full  in 
the  records  of  said  court.  When  any  certified  transcript  of  the 
record,  or  of  any  portion  thereof,  of  any  suit  or  proceeding  in 
said  court  is  required,  the  same  shall  be  written  out  in  full  from 
such  abbreviated  forms  and  duly  authenticated  according  to  law. 

Section  31.  In  case  it  shall  be  hereafter  determined  that  so 
much  of  Sections  seven  (7)  and  ten  (10)  hereof  as  fixes  the 
terms  of  office  of  the  judges  of  the  court  is  invalid,  this  Act 
shall  not  on  that  account  be  adjudged  wholly  invalid,  but  the 
terms  of  office  of  the  judges  of  said  court  shall,  in  such  case, 
be  four  years,  and  they  shall  hold  their  offices  until  their  suc- 
cessors shall  be  elected  and  qualified,  and  on  the  first  Monday 
of  Jime,  A.  D.  1910,  and  on  the  first  Monday  of  June  of  every 
fourth  year  thereafter,  there  shall  be  elected  twenty-five  (25) 
judges  of  said  court  as  successors  in  office  of  the  judges  hereby 
required  to  be  elected  on  the  first  Monday  of  June,  A.  D.  1906, 
and  the  terms  of  office  of  the  judges  added  to  said  court  in  pur- 
suance of  Section  ten  (10)  hereof  shall  be  four  years. 

Section  32.  The  invalidity  of  any  portion  of  this  Act  shall 
not  affect  the  validity  of  any  other  portion  thereof  which  can  be 
given  effect  without  such  invalid  part. 

Section  33.  This  Act  shall  be  submitted  to  a  vote  of  the 
legal  voters  of  the  City  of  Chicago  at  the  general  election  to  be 
held  on  the  first  Tuesday  after  the  first  Monday  of  November, 
A.  D.  1905,  and  if  a  majority  of  the  legal  voters  of  said  city 
voting  on  the  question  at  such  election  shall  consent  to  this  Act, 
the  same  shall  thereupon  immediately  take  effect  and  become 
operative. 


APPENDIX.  645 

HOUSE  BILL  NO.  422  AS  AMENDED  AND  PASSED  BY 
THE  SENATE. 

This  bill  is  the  same  as  that  which  finally  became  a  law  with 
the  exception  of  the  sections  which  are  given  below  which  were 
changed  by  the  conference  committee,  whose  report  was  adopted. 

SECTION  2. 

Section  2.  That  said  Municipal  Court  shall  have  jurisdiction 
within  the  city  of  Chicago,  in  the  following  cases : 

First.  All  actions  on  contracts,  express  or  implied,  when  the 
amount  claimed  by  the  plaintltf  exceeds  one  thousand  dollars 
($1,000)  and  which,  for  convenience,  will  be  hereinafter  re- 
ferred to  and  designated  as  cases  of  the  first  class. 

Second.  All  suits  of  every  kind  and  nature,  whether  civil  or 
criminal,  or  whether  at  law  or  in  equity,  which  may  be  trans- 
ferred to  it  by  change  of  venue,  or  otherwise,  by  the  Circuit 
Court  of  Cook  County,  or  by  the  Superior  Court  of  Cook  Coun- 
ty, or  by  the  Criminal  Court  of  Cook  County,  for  trial  and  dis- 
position, and  which,  for  convenience,  will  be  hereinafter  desig- 
nated and  referred  to  as  cases  of  the  second  class. 

Third.  All  criminal  cases  in  which  the  punishment  is  by  fine 
or  imprisonment  otherwise  than  in  the  penitentiary,  and  which, 
for  convenience,  will  be  hereinafter  designated  and  referred  to 
as  cases  of  the  third  class. 

Fourth.  All  those  classes  of  suits  and  proceedings,  whether 
civil  or  quasi  criminal,  of  which  justices  of  the  peace  are  now 
given  jurisdiction  by  law,  in  all  of  which  classes  of  suits  and 
proceedings  said  municipal  court  shall  have  jurisdiction  when 
the  amount  sought  to  be  recovered,  whether  by  way  of  dam- 
ages, penalty,  or  otherwise,  if  the  suit  or  proceeding  be  for  the 
recovery  of  money  only,  or  the  value  of  the  personal  property 
claimed,  if  the  suit  or  proceeding  be  brought  for  the  recovery 
of  personal  property,  does  not  exceed  one  thousand  dollars 
($1,000)  ;  provided,  however,  that  in  any  action  upon  a  bond, 
the  amount  sought  to  be  recovered  thereon  and  not  the  penalty 
of  the  bond  shall  determine  the  jui-isdiction,  and  that  when  pay- 
ments are  to  be  made  by  installments,  an  action  may  be  brought 


646  PRACTICE  IN  THE  MUNICIPAL   COURT. 

in  the  Municipal  Court  for  any  installment  not  exceeding  one 
thousand  doHnis  ($1,000)  as  it  becomes  due,  and  which,  for 
convenience,  will  be  hereinafter  designated  and  referred  to  as 
cases  of  the  fourth  class. 

Fifth.  All  other  suits  at  law,  for  the  recovery  of  money  only, 
when  the  amount  claimed  does  not  exceed  one  thousand  dollars 
($1,000),  and  which,  for  convenience,  will  be  hereinafter  desig- 
nated and  referred  to  as  cases  of  the  xifth  class. 

NOTE  TO  SECTION  2. 
The  change  made  in  this  section  consisted  in  the  insertion  in 
clause  first  after  "  ($1,000)  "  the  words  *'and  all  actions  for  the 
recovery  of  personal  property  or  for  the  recovery  of  damages 
for  the  conversion  of  an  (or)  injury  to  personal  property,  when 
the  value  of  the  property  on  (or)  the  amount  of  damages  sought 
to  be  recovered,  as  claimed  by  the  plaintiff,  exceeds  one  thousand 
dollars  ($1,000)." 

SECTION  7. 

Section  7.  That  all  blanks,  books,  papers,  stationery  and  fur- 
niture necessary  to  the  keeping  of  the  records  of  the  proceedings 
of  such  Municipal  Coiu't,  and  the  transaction  of  the  business 
thereof,  shall  be  furnished  the  officers  of  such  court  at  the  ex- 
pense of  the  city. 

NOTE  TO  SECTION  7. 

The  change  made  in  this  section  consisted  in  the  addition  of 
the  following:  "All  other  expenditures  on  account  of  such 
court  which  may  be  authorized  by  the  city  council,  and  which 
are  not  specifically  mentioned  in  this  act,  shall  be  paid  out  of 
the  city  treasury." 

SECTION  8. 

Section  8.  That  said  Municipal  Court  shall  consist  of  twenty- 
five  (25)  judges,  one  of  whom  shall  be  chief  justice  and  the  re- 
maining twenty-four  (24)  of  whom  shall  be  associate  judges. 
Each  branch  court  shall  be  presided  over  by  a  single  judge  of 
the  Municipal  Court.  The  chief  justice,  in  addition  to  the  ex- 
ercise of  all  the  other  powers  of  a  judge  of  said  court,  shall  have 
the  general  superintendence  of  the  business  of  said  court;  he 
shall  preside  at  all  meetings  of  the  judges,  and  he  shall  assign 
the  associate  judges  to  duty  in  the  branch  courts,  from  time  to 
time,  as  he  may  deem  necessary  for  the  prompt  disposition  of 


APPENDIX-  647 

the  business  thereof,  and  it  shall  be  the  duty  of  each  associate 
judge  to  attend  and  serve  at  any  branch  court  to  which  he  may 
be  so  assigned,  but  the  chief  justice  shall  only  assign  such  num- 
ber of  judges  to  the  trial  and  disposition  of  cases  of  the  first 
class  and  cases  of  the  second  class  mentioned  in  section  two  (2) 
of  this  act  from  time  to  time,  as  may  not  be  needed  for  the 
prompt  disposition  of  the  other  business  of  the  court.  The  chief 
justice  shall  also  superintend  the  preparation  of  the  calendars 
of  cases  for  trial  in  said  court  and  shall  make  such  classification 
and  distribution  of  the  same  upon  different  calendars  as  he 
shall  deem  proper  and  expedient.  Each  associate  judge  shall 
at  the  commencement  of  each  month  make  to  the  chief  justice, 
under  his  official  oath,  a  report  in  writing  of  the  duties  per- 
formed by  him  during  the  preceding  month,  which  report  shall 
specify  the  niunber  of  days'  attendance  in  court  of  such  judge 
during  such  month,  and  the  branch  courts  upon  which  he  has 
attended,  and  the  number  of  hours  per  day  of  such  attendance, 
for  which  the  chief  justice  shall  cause  suitable  blanks  to  be  pre- 
pared and  furnished  to  the  associate  judges.  Each  judge  shall 
be  entitled  to  vacations,  which  shall  not  exceed  thirty-six  days 
in  all  in  any  one  year  and  which  shall  be  taken  at  such  times  as 
may  be  determined  by  the  chief  justice.  The  chief  justice  must 
give  his  attention  faithfully  to  the  discharge  of  the  duties  espe- 
cially pertaining  to  his  office  and  to  the  performance  of  such 
additional  judicial  work  as  he  may  be  able  to  perform.  Each 
associate  judge  must  perform  his  share  of  the  labors  and  duties 
appertaining  to  the  office.  At  least  one  associate  judge  must 
be  in  attendance  in  one  branch  court  in  each  district,  six  hours 
of  each  day,  except  Sunday,  a  public  holiday,  or  a  day  upon 
which  the  inhabitants  of  the  city  of  Chicago  generally  refrain 
from  business,  and  each  associate  judge,  while  in  the  court  room 
or  in  chambers,  and  not  actually  engaged  in  the  performance 
of  other  official  duties,  must  act  upon  any  application  for  his 
official  action,  properly  made  to  him.  One  branch  court  in  the 
First  District  shall  be  kept  open,  and  at  least  one  judge  assigned 
for  that  purpose  by  the  chief  justice,  shall  be  in  attendance 
thereat,  each  day,  excepting  Sunday  or  a  public  holiday,  from 
nine  o'clock  A.  M.  to  ten  o'clock  P.  M.,  excepting  two  hours' 
intermission,  for  the  transaction  of  such  business  as  may  come 
before  it.    It  shall  be  the  duty  of  the  chief  justice  and  the  asso- 


648  PRACTICE  IN  THE  MUNICIPAL  COUET. 

ciate  judges  to  meet  together  at  least  once  in  each  month,  ex- 
cepting the  month  of  August,  in  each  year,  at  such  hour  and 
place  as  may  be  designated  by  the  chief  justice,  and  at  such 
other  times  as  may  be  required  by  the  chief  justice,  for  the 
consideration  of  such  matters  pertaining  to  the  administration 
of  justice  in  said  court  as  may  be  brought  before  them.  At 
such  meetings  they  shall  receive  and  investigate,  or  cause  to  be 
investigated,  all  complaints  presented  to  them  pertaining  to  the 
said  court,  and  to  the  officers  thereof,  and  shall  take  such  steps 
as  they  deem  necessary  or  proper  with  respect  thereto,  and  they 
shall  have  power  and  it  shall  be  their  duty  to  adopt  or  cause 
to  be  adopted  all  such  rules  and  regulations  for  the  proper  ad- 
ministration of  justice  in  said  court  as  to  them  may  seem  ex- 
pedient. The  salary  of  the  chief  justice  shall  be  seven  thousand 
five  hundred  dollars  ($7,500)  per  annum,  and  the  salary  of  an 
associate  judge  shall  be  six  thousand  dollars  ($6,000)  per  an- 
num, payable  in  monthly  installments  out  of  the  city  treasury. 

NOTE  TO  SECTION  8. 

The  change  made  in  this  section  consisted  of  an  increase  of 
the  number  of  judges  from  twenty-five  (25)  to  twenty-eight 
(28). 

SECTION  9. 

Section  9.  That  the  chief  justice  and  the  associate  judges  of 
the  Municipal  Court  provided  for  in  the  preceding  section  shall 
be  elected  on  the  first  Tuesday  after  the  first  Monday  of  Novem- 
ber, A.  D.  1906;  that  the  chief  justice  shall  hold  his  office  for 
the  term  of  six  (6)  years  and  until  his  successor  shall  be  elected 
and  qualified;  that  of  the  said  associate  judges  so  to  be  elected 
eight  (8)  shall  be  elected  for  the  term  of  two  (2)  years;  eight 
(8)  for  the  term  of  four  (4)  years,  and  eight  (8)  for  the  term 
of  six  (6)  3'ears  and  until  their  respective  successors  shall  be 
elected  and  qualified,  and  on  the  first  Tuesday  after  the  first 
Monday  of  November,  A.  D.  1908,  and  on  the  first  Tuesday 
after  the  first  Monday  of  November  of  every  sixth  year  there- 
after, and  on  the  first  Tuesday  after  the  first  Monday  of  No- 
vember, A.  D.  1910,  and  on  the  first  Tuesday  after  the  first 
Monday  of  November  every  sixth  year  thereafter  there  shall 
be  elected  eight  (8)  associate  judges  of  said  Municipal  Court 
and  on  the  first  Tuesday  after  the  first  Monday  of  November, 


APPENDIX.  649 

A.  D.  1912,  and  every  sixth  year  thereafter  there  shall  be  elected 
a  chief  justice  and  eight  (8)  associate  judges  of  said  Municipal 
Court  as  successors  in  office  of  the  chief  justice  and  associate 
judges  of  the  Municipal  Court  by  this  act  required  to  be  elected, 
each  of  whom  shall  hold  his  office  for  the  term  of  six  (6)  years 
and  until  his  successor  shall  be  elected  and  qualified.  The  judges 
so  required  to  be  elected  shall  enter  upon  the  discharge  of  their 
duties  on  the  first  Monday  of  December  following  their  election. 
Vacancies  in  the  office  of  chief  justice  or  associate  judge  of  the 
Municipal  Court  shall  be  filled  by  election  at  the  regular  mu- 
nicipal, judicial  or  other  general  election  which  shall  occur  next 
after  a  period  of  thirty  (30)  days  from  the  time  such  vacancies 
respectively  occur,  but  where  the  unexpired  term  does  not  ex- 
ceed one  year,  the  vacancy  shall  be  filled  by  appointment  by  the 
Governor.  "Whenever  a  vacancy  occurs  in  the  office  of  chief 
justice,  or  whenever  the  chief  justice  shall  be  absent  from  the 
city  of  Chicago,  or  incapacitated  from  acting,  the  associate 
judges  shall  select  one  of  their  number  to  act  as  chief  justice 
imtil  such  vacancy  shall  be  filled  by  election  or  appointment  as 
above  provided  for,  or  until  the  return  of  the  chief  justice,  or 
until  his  incapacity  ceases. 

NOTE  TO  SECTION  9. 

The  change  in  this  section  consisted  in  the  provision  for  the 
election  of  twenty-eight  (28)  judges  instead  of  twenty-five  (25). 

SECTION  13. 

Section  13.  That  the  judges  of  said  Municipal  Court  may 
interchange  with  judges  of  other  city  courts,  and  said  respective 
judges  may  hold  court  for  each  other  and  perform  each  other's 
duties  when  they  find  it  necessary  or  convenient. 

NOTE  TO  SECTION  13. 

The  change  in  this  section  consisted  in  the  addition  of  a  pro- 
vision for  an  interchange  with  county  judges. 

SECTION  20. 

Section  20.  That  the  judges  of  said  Municipal  Court  shall 
have  power  to  adopt,  in  addition  to  or  in  lieu  of  the  provisions 


650  PRACTICE  IN   THE   MUNICIPAL   COURT. 

herein  contained  prescribing  the  practice  in  said  Municipal 
Court  or  of  any  portion  or  portions  of  said  provisions,  such 
rules  regulating  the  practice  in  said  court  as  they  may  deem 
necessary  or  expedient  for  the  proper  administration  of  justice 
therein.  The  adoption  of  said  rules  shall  be  accomplished  by 
an  order  signed  by  a  majority  of  said  judges,  which  order,  when 
made,  shall  be  forthwith  spread  upon  the  records  of  the  Munici- 
pal Court  and  shall  be  printed  in  pamphlet  form  at  the  expense 
of  the  city :  Provided,  however,  that  no  rule  or  rules  inconsistent 
with  those  expressly  provided  for  by  this  act  shall  become  ef- 
fective and  be  in  force  until  after  the  lapse  of  thirty  (30)  days 
from  the  approval  thereof  by  the  Supreme  Court.  Application 
to  the  Supreme  Court  for  such  approval  may  be  made  by  the 
chief  justice  of  the  Municipal  Court,  after  notice  of  such  appli- 
cation shall  have  been  published  once  each  week,  for  three  con- 
secutive weeks,  in  some  newspaper  of  general  circulation  pub- 
lished in  the  city  of  Chicago,  specifying  the  time  at  which  such 
application  shall  be  made.  Upon  such  application  the  Supreme 
Court  shall  review  the  said  rule  or  rules  so  adopted  and  may 
either  confirm  the  order  adopting  the  same  or  may  modify  or 
set  aside  the  same,  and  the  Supreme  Court  may,  in  its  discre- 
tion, substitute  for  the  rule  or  rules  so  adopted  by  said  judges 
of  said  Municipal  Court  or  for  any  portion  thereof,  such  other 
rules  as  the  Supreme  Court  may  deem  proper,  and  may,  in  its 
discretion,  of  its  owti  motion  or  otherwise,  make  any  order  re- 
specting the  rules  of  said  Municipal  Court  which  it  may  deem 
proper.  The  Supreme  Court  and  the  Appellate  Courts  in  cases 
brought  to  them  from  the  Municipal  Court  by  appeal  or  writ  of 
error  shall  take  judicial  notice  of  the  rules  of  practice  from  time 
to  time  in  force  in  said  Municipal  Court. 

NOTE  TO  SECTION  20. 

The  change  in  this  section  consisted  in  changing  the  words 
' '  Provided,  however,  that  no  rule  or  rules  inconsistent  with  those 
expressly  provided  for  by  this  act  shall  become  effective  and  be 
in  force,"  so  that  in  the  act  as  passed,  they  are  made  to  read 
as  follows:  "Provided,  however,  that  no  such  rule  or  rules  so 
adopted  shall  be  inconsistent  with  those  expressly  provided  for 
by  this  act,  nor  shall  they  become  effective  and  be  in  force. ' ' 


APPENDIX.  651 

SECTION  37. 

Section  37.  That  in  trials  by  jury  in  the  Municipal  Court 
the  court  shall  not  charge  the  jury  as  to  the  facts  but  may  state 
the  testimony  and  the  law  and  the  charge  may,  in  the  discretion 
of  the  court,  be  given  orally  or  in  writing. 

NOTE  TO  SECTION  37. 

The  change  in  this  section  was  such  as  to  make  it  read  as  fol- 
lows :  ' '  That  in  trials  by  jury  in  the  Municipal  Court  the  court 
shall  charge  the  jury  as  to  the  law  only,  and  the  charge  may,  in 
the  discretion  of  the  court,  be  given  orally  or  in  writing,  but, 
when  given  orally,  it  shall  be  taken  down  in  shorthand  and  at 
the  request  of  either  party,  a  transcript  thereof  shall  be  made 
and  filed  in  the  cause  in  which  such  charge  is  given  and  shall 
be  made  a  part  of  the  record  in  such  case. '  * 

SECTION  65. 

Section  65.  That  in  case  it  shall  be  hereafter  determined 
that  so  much  of  sections  nine  (9)  and  twelve  (12)  hereof  as 
fixes  the  terms  of  office  of  the  chief  justice  and  associate  judges 
of  the  Municipal  Court  is  invalid,  this  act  shall  not  on  that  ac- 
count be  adjudged  wholly  invalid,  but  the  terms  of  office  of  the 
chief  justice  and  associate  judges  of  said  Municipal  Court  shall 
in  such  case  be  four  (4)  years,  and  they  shall  hold  their  offices 
until  their  successors  shall  be  elected  and  qualified,  and  on  the 
first  Tuesday  after  the  first  Monday  of  November,  A.  D.  1910, 
and  on  the  first  Tuesday  after  the  first  Monday  of  November 
of  every  fourth  year  thereafter  there  shall  be  elected  a  chief 
justice  and  twenty-four  (24)  associate  judges  of  said  Municipal 
Court  as  successors  in  office  of  the  judges  hereby  required  to 
be  elected  on  the  first  Tuesday  after  the  first  Monday  of  No- 
vember, A.  D.  1906,  and  the  terms  of  office  of  the  associate 
judges  which  may  be  added  to  said  Municipal  Court  in  pur- 
suance of  section  twelve  (12)  hereof  shall  be  four  (4)  years. 

NOTE  TO  SECTION  65. 

The  change  made  in  this  section  was  to  insert  ''twenty-seven 
(27)  associate  judges,"  in  place  of  "twenty-four  (24)  associate 
judges." 


SUGGESTIONS  AS  TO  AMENDMENTS  TO  THE  MUNICI- 
PAL COURT  ACT. 

Some  of  the  provisions  of  the  Municipal  Court  Act  were  in- 
serted against  the  objection  and  protest  of  the  author,  while 
others  contained  inaccuracies,  for  which  the  author  might  justly 
be  held  responsible.  Some  provisions,  also,  were  through  inad- 
vertence omitted.  Since  the  adoption  of  the  act,  the  author  has 
prepared  such  amendments  as  have  occurred  to  him  up  to  the 
present  time  and  has  deemed  it  expedient  to  insert  them  in  this 
appendix  in  the  form  of  an  amended  act,  with  short  notes  to 
each  section  explanatory  of  the  amendments.  Those  amend- 
ments would  make  the  act,  omitting  the  last  section,  read  as 
follows : 

AMENDED  MUNICIPAL  COURT  ACT. 

SECTION  1. 

Section  1.  Be  it  enacted  by  the  People  of  the  State  of  Illi- 
nois represented  in  the  General  Assembly:  That  there  shall  be 
established  in  and  for  the  city  of  Chicago  a  municipal  court 
which  shall  be  styled  "The  Municipal  Court  of  Chicago,"  here- 
inafter designated  and  referred  to  as  the  municipal  court,  and 
the  jurisdiction  of  which  shall  be  exercised  in  the  manner  here- 
inafter prescribed  by  branch  courts,  each  of  which  shall  exer- 
cise all  the  powers  in  this  act  declared  to  be  vested  in  the  mu- 
nicipal court. 

NOTE. 

This  section  is  section  1  of  the  original  act  without  change. 
SECTION  2. 

Section  2.  That  said  municipal  court  shall  have  jurisdiction 
within  the  city  of  Chicago  in  the  following  cases : 

First.  Cases  to  be  designated  and  hereinafter  referred  to  as 
cases  of  the  first  class,  which  shall  include  (a)  all  actions  on 
contracts,  express  or  implied,  when  the  amount  claimed  by  the 

652 


APPENDIX.  653 

plaintiff,  exclusive  of  costs,  exceeds  one  thousand  dollars 
($1,000)  ;  (b)  all  actions  for  the  recovery  of  personal  property 
when  the  value  of  the  property  sought  to  be  recovered  as 
claimed  by  the  plaintiff  exceeds  one  thousand  dollars  ($1,000)  ; 
and  (c)  all  actions  for  the  recovery  of  damages  for  the  conver- 
sion of  personal  property,  and  actions  for  the  recovery  of  dam- 
ages for  injuries  to  personal  property,  when  the  amount  of  dam- 
ages sought  to  be  recovered,  as  claimed  by  the  plaintiff,  exclu- 
sive of  costs,  exceeds  one  thousand  dollars  ($1,000). 

Second:  Cases  to  be  designated  and  hereinafter  referred  to 
as  cases  of  the  second  class,  which  shall  include  all  suits  of 
every  kind  and  nature,  whether  civil  or  criminal,  or  whether 
at  law  or  in  equity,  which  may  be  transferred  to  it,  by  a  change 
of  venue  or  otherwise,  by  the  circuit  court  of  Cook  county,  the 
superior  court  of  Cook  county,  the  criminal  court  of  Cook  county, 
or  any  other  court  of  competent  jurisdiction,  for  trial  and  dis- 
position. 

Third:  Cases  to  be  designated  and  hereinafter  referred  to  as 
cases  of  the  third  class,  which  shall  include  all  criminal  cases 
in  which  the  punishment  is  by  fine  or  imprisonment  otherwise 
than  in  the  penitentiary. 

Fourth:  Cases  to  be  designated  and  hereinafter  referred  to 
as  cases  of  the  fourth  class,  which  shall  include  (a)  all  actions, 
quasi  criminal  actions  excepted,  for  the  recovery  of  money  only 
when  the  amount  claimed  by  the  plaintiff,  exclusive  of  costs, 
does  not  exceed  one  thousand  dollars  ($1,000),  the  amount  in 
any  action  on  a  bond  to  be  determined  by  the  amount  actually 
sought  to  be  recovered  and  not  by  the  penalty  of  the  bond;  (b) 
actions  for  the  recovery  of  personal  property  when  the  value 
of  the  property  sought  to  be  recovered  does  not  exceed  one  thou- 
sand dollars  ($1,000)  ;  (c)  actions  of  forcible  detainer,  and  (d) 
all  other  actions  of  which  justices  of  the  peace  are  now  given 
jurisdiction  by  law  and  which  are  not  otherwise  provided  for 
in  this  act.  In  any  action  of  the  fourth  class  for  the  recovery 
of  money  only  judgment  may  be  rendered  for  over  one  thou- 
sand dollars  ($1,000)  where  the  excess  over  one  thousand  dol- 
lars ($1,000)  shall  consist  of  interest  or  damages  or  costs  ac- 
crued after  the  commencement  of  such  action. 

Fifth:    Cases  to  be  designated  and  hereinafter  referred  to  as 


654  PRACTICE  IN  THE  MUNICIPAL   COURT. 

cases  of  the  fifth  class,  which  shall  include  all  quasi  criminal 
actions,  qui  tam  actions  excepted,  for  the  recover}^  of  fines  or 
penalties. 

Sixth:  Cases  to  be  designated  and  hereinafter  referred  to  as 
cases  of  the  sixth  class  which  shall  include  (a)  all  proceedings 
for  the  prevention  of  the  commission  of  crimes ;  (b)  all  proceed- 
ings for  the  arrest,  examination,  commitment  and  bail  of  per- 
sons charged  with  criminal  offences;  (c)  all  proceedings  per- 
taining to  searches  and  seizures  of  personal  property  by  means, 
of  search  warrants;  and  (d)  bastardy  cases. 

NOTE. 

This  section  is  section  2  of  the  original  act  with  some  verbal 
changes  of  minor  importance,  and  also  the  following: 

First:  Quasi  criminal  cases  are  excluded  from  paragraph 
fourth  and  dealt  with  in  paragraph  fifth. 

Second:  Actions  of  forcible  detainer  are  expressly  mentioned 
in  paragraph  fourth. 

Third:  Provision  is  made  that  in  any  case  of  the  fourth  class 
for  the  recovery  of  money  only,  judgment  may  be  rendered  for 
over  $1,000  when  the  excess  over  $1,000  shall  consist  of  interest 
or  damages  or  costs  accrued  after  the  commencement  of  the 
action,  and  in  the  fourth  class  are  included  all  civil  actions  in- 
cluded in  the  fifth  class  in  the  original  act. 

Fourth:  Clause  5  is  made  to  include  all  quasi  criminal  ac- 
tions, qui  tam  actions  excepted,  for  the  recovery  of  fines  or 
penalties,  regardless  of  the  amount  sought  to  be  recovered.  In 
the  original  act  the  jurisdiction  was  limited  to  cases  where  the 
amount  sought  to  be  recovered  did  not  exceed  $1,000. 

Fifth:  An  additional  clause  niunbered  sixth  is  added,  cov- 
ering proceedings  for  the  prevention  of  the  commission  of 
crimes,  proceedings  for  the  arrest,  examination,  conunitment  and 
bail  of  persons  charged  with  criminal  offenses,  proceedings  per- 
taining to  searches  and  seizures,  and  bastardy  cases.  In  the 
original  act  no  provision  was  made  for  bastardy  cases. 

SECTION  3. 

Section  3.  That  for  the  purposes  of  said  municipal  court 
the  city  of  Chicago  shall  be  divided  into  districts,  which,  until 


APPENDIX.  655 

otherwise  provided,  shall  be  five  in  number  and  their  territorial 
limits  shall  be  as  follows: 

Of  the  First  District  the  territorial  limits  shall  be  the  terri- 
tory bounded  on  the  east  by  Lake  Michigan,  on  the  north  by 
the  city  limits,  on  the  west  by  the  center  line  of  Western  avenue 
from  the  city  limits  on  the  north  to  the  center  line  of  Fifty-fifth 
street,  thence  on  the  south  by  the  center  line  of  Fifty-fifth 
street  to  the  center  line  of  State  street,  thence  on  the  west  by  the 
center  line  of  State  street  to  the  center  line  of  Sixty-third  street, 
thence  on  the  south  by  the  center  line  of  Sixty-third  street  to 
the  center  line  of  Cottage  Grove  avenue,  thence  on  the  west  by 
the  center  line  of  Cottage  Grove  avenue  to  the  center  line  of 
Seventy-first  street,  and  thence  on  the  south  by  the  center  line 
of  Seventy-first  street  to  Lake  Michigan,  and  such  territory 
shall  be  loiown  as  the  First  District. 

Of  the  Second  District  the  territorial  limits  shall  be  the  ter- 
ritory bounded  on  the  south  by  the  city  limits,  on  the  east  by 
the  city  limits  and  Lake  Michigan,  on  the  north  by  the  center 
line  of  Seventy-first  street,  and  on  the  west  by  the  center  line 
of  Cottage  Grove  avenue,  and  such  territory  shall  be  known  as 
the  Second  District. 

Of  the  Third  District  the  territorial  limits  shall  be  the  terri- 
tory bounded  on  the  west  and  south  by  the  city  limits,  on  the 
east  by  the  center  line  of  Cottage  Grove  avenue  from  the  city 
limits  on  the  south  to  the  center  line  of  Sixty-third  street,  thence 
on  the  north  by  the  center  line  of  Sixty-third  street  to  the  center 
line  of  State  street,  thence  on  the  east  by  the  center  line  of 
State  street  to  the  center  line  of  Fifty-fifth  street,  thence  on 
the  north  by  the  center  line  of  Fifty-fifth  street  to  the  city  limits 
on  the  west,  and  such  territory  shall  be  known  as  the  Third 
District. 

Of  the  Fourth  District  the  territorial  limits  shall  be  the  ter- 
ritory bounded  on  the  south  by  the  center  line  of  Fifty-fifth 
street,  on  the  east  by  the  center  line  of  Western  avenue,  on  the 
north  by  the  center  line  of  Lake  street  and  on  the  west  by  the 
city  limits,  and  such  territory  shall  be  known  as  the  Fourth 
District. 

Of  the  Fifth  District  the  territorial  limits  shall  be  the  terri- 
tory bounded  on  the  south  by  the  center  line  of  Lake  street,  on 
the  east  by  the  center  line  of  Western  avenue,  and  on  the  north 


65(i  PRACTICE    IK    TUE    MUNICIPAE    COURT. 

and  west  by  the  city  limits,  and  such  territory  shall  be  known 
as  the  Fifth  District. 

The  number  and  boundaries  of  the  districts  may  be  changed, 
from  time  to  time,  by  orders  si^ed  by  a  majority  of  the  judges 
of  the  municipal  court,  and  spread  upon  the  records  thereof, 
which  orders  shall  be  published  for  three  successive  weeks,  once 
in  each  week,  in  some  newspaper  of  general  circulation  in  the 
city  of  Chicago,  and  which  shall  take  effect  respectively  within 
thirty  days  after  the  last  publication  thereof;  provided,  how- 
ever, no  such  change  in  the  number  or  boundaries  of  districts 
shall  become  effective  unless  the  order  therefor  shall  have  been 
approved  by  the  city  council  of  the  city  of  Chicago.  As  many 
branch  courts  shall  be  held  in  each  district  as  may  be  deter- 
mined by  the  chief  justice  of  said  municipal  court  to  be  neces- 
sary for  the  prompt  and  proper  disposition  of  the  business  of 
said  court;  Provided,  however,  that  at  least  one  branch  court 
shall  be  held  in  each  district.  Such  branch  courts  may  be  given 
such  designation  by  numbers  or  otherwise  as  may  be  deter- 
mined by  the  chief  justice. 

NOTE. 

This  section  is  substantially  the  same  as  section  4  of  the 
original  act,  section  3  of  the  original  act  being  omitted  as  sur- 
j»lusage. 

SECTION  4. 

Section  4.  That  said  branch  courts  shall  be  held  at  such 
places  in  said  city  of  Chicago  as  may  be  provided  for  that  pur- 
pose by  the  corporate  authorities  thereof.  If  no  place  be  pro- 
vided by  the  corporate  authorities  of  said  city  for  the  holding 
of  any  branch  court,  or  if  the  place  so  pro\aded  become  unfit, 
said  branch  court  may,  by  an  order  signed  by  the  majority  of 
the  judges  of  said  municipal  court,  and  entered  upon  the  rec- 
ords of  said  branch  court,  adjourn  to  or  convene  at  a  suitable 
place  for  holding  said  branch  court,  procured  for  that  purpose 
by  said  judges,  within  the  district  in  which  the  same  is  located 
and  at  such  place  may  hold  said  branch  court,  until  a  suitable 
place  therefor  be  furnished  by  said  corporate  authorities. 

NOTE. 

This  section  is  the  same  as  section  5  of  the  original  act. 


APPENDIX.  657 

SECTION  5. 

Section  5.  That  said  court  shall  have  seals  for  each  district 
and  may,  from  time  to  time,  as  may  be  necessary,  renew  the 
same.  The  expense  of  said  seals  and  renewing  the  same  shall 
be  paid  by  the  city  of  Chicago.  All  blanks,  books,  papers,  sta- 
tionery and  furniture  necessary  to  the  keeping  of  the  records  of 
the  proceedings  of  such  municipal  court,  and  the  transaction 
of  the  business  thereof,  shall  be  furnished  the  officers  of  such 
court  at  the  expense  of  the  city.  All  other  expenditures  on 
account  of  such  court  which  may  be  authorized  by  the  city  coun- 
cil, and  which  are  not  specifically  mentioned  in  this  act,  shall 
be  paid  out  of  the  city  treasury. 

NOTE. 

This  section  is  the  same  as  sections  6  and  7  of  the  original  act, 

SECTION  6. 

Section  6.  That  said  municipal  court  shall  consist  of  twenty- 
eight  (28)  judges,  one  of  whom  shall  be  chief  justice  and  the 
remaining  twenty-seven  (27)  of  whom  shall  be  associate  judges. 
Each  branch  court  shall  be  presided  over  by  a  single  judge  of 
the  municipal  court;  Provided,  however,  that  the  chief  justice 
may  cause  any  suit,  or  any  proceeding  in  any  suit,  pending  in 
said  court  to  be  heard  and  determined  by  three  judges,  the  de- 
cision of  a  majority  of  whom  shall  govern  as  to  all  questions 
of  law  or  facts  involved  in  such  suit  or  proceeding,  and  sub- 
mitted to  them  for  decision,  subject,  nevertheless,  to  review  upon 
appeal  or  writ  of  error  to  the  same  extent  as  if  such  decisions  were 
made  by  a  single  judge.  The  chief  justice,  in  addition  to  the  exer- 
cise of  all  the  other  powers  of  a  judge  of  said  court,  shall  have  the 
general  superintendence  of  the  business  of  said  court;  he  shall 
preside  at  all  meetings  of  the  judges,  and  he  shall  assign  the  as- 
sociate judges  to  duty  in  the  branch  courts,  from  time  to  time, 
as  he  may  deem  necessary  for  the  prompt  disposition  of  the 
business  thereof,  and  it  shall  be  the  duty  of  each  associate  judge 
to  attend  and  serve  at  any  branch  court  to  which  he  may  be  so 
assigned,  but  the  chief  justice  shall  only  assign  such  number  of 
judges  to  the  trial  and  disposition  of  cases  of  the  first  class  and 
cases  of  the  second  class  mentioned  in  section  two  (2)  of  this 
42 


658  PKACTICE    IN    THE    MUNICIPAL    COURT. 

act,  from  time  to  time,  as  may  not  be  needed  for  the  prompt 
disposition  of  the  other  business  of  the  coui't.  The  chief  justice 
shall  also  superintend  the  preparation  of  the  calendars  of  cases 
for  trial  in  said  court  and  shall  make  such  classification  and 
distribution  of  the  same  upon  different  calendars  as  he  shall 
deem  proper  and  expedient.  Each  judge  shall  be  entitled  to 
vacations,  which  shall  not  exceed  thirty-six  days  in  all  in  any 
one  year  and  "which  shall  be  taken  at  such  times  as  may  be  de- 
termined by  the  chief  justice.  The  chief  justice  must  give  his 
attention  faithfully  to  the  discharge  of  the  duties  especially  per- 
taining to  his  office  and  to  the  performance  of  such  additional 
judicial  work  as  he  may  be  able  to  perform.  Each  associate 
judge  must  perform  his  share  of  the  labors  and  duties  apper- 
taining to  the  office.  At  least  one  associate  judge  must  be  in 
attendance  in  one  branch  court  in  each  district,  at  least  six  hours 
of  each  day,  except  Sunday,  a  public  holiday,  or  a  day  upon 
which  the  inhabitants  of  the  city  of  Chicago  generally  refrain 
from  business,  and  each  associate  judge,  while  in  the  court  room 
or  in  chambers,  and  not  actually  engaged  in  the  performance 
of  other  official  duties,  must  act  upon  any  application  for  his 
official  action,  properly  made  to  him.  One  branch  court  in  the 
first  district  shall  be  kept  open,  and  at  least  one  judge  assigned 
for  that  purpose  by  the  chief  justice,  shall  be  in  attendance 
thereat,  each  day,  excepting  Sunday  or  a  public  holiday,  from 
nine  o'clock  a.  m.  to  ten  o'clock  p.  m.,  excepting  two  hours'  in- 
termission, for  tlje  transaction  of  such  business  as  may  come  be- 
fore it.  It  shall  be  the  duty  of  the  chief  justice  and  the  asso- 
ciate judges  to  meet  together  at  least  once  in  each  month,  ex- 
cepting the  month  of  August,  in  each  year,  at  such  hour  and 
place  as  may  be  designated  by  the  chief  justice,  and  at  such 
other  times  as  may  be  required  by  the  chief  justice,  for  the  con- 
sideration of  such  matters  pertaining  to  the  administration  of 
justice  in  said  court  as  may  be  brought  before  them.  At  such 
meetings  they  shall  receive  and  investigate,  or  cause  to  be  in- 
vestigated, all  complaints  presented  to  them  pertaining  to  the 
said  court,  and  to  the  officers  thereof,  and  shall  take  such  steps 
as  they  may  deem  necessary  or  proper  with  respect  thereto,  and 
they  shall  have  power  and  it  shall  be  their  duty  to  adopt  or 
cause  to  be  adopted  all  such  rules  and  regulations  for  the  proper 
administration  of  justice  in  said  court  as  to  them  may  seem. 


APPENDIX.  659 

expedient.  The  salary  of  the  chief  justice  shall  be  seven  thou- 
sand five  hundred  dollars  ($7,500)  per  anniun,  and  the  salary 
of  an  associate  judge  shall  be  six  thousand  dollars  ($6,000)  per 
annum,  payable  in  monthly  installments  out  of  the  city  treasury. 

NOTE. 

This  section  is  the  same  as  section  8  of  the  original  act  with 
the  following  changes: 

First:  There  is  inserted  the  provision  '*that  the  chief  justice 
may  cause  any  suit,  or  any  proceeding  in  any  suit,  pending  in 
said  court  to  be  heard  and  determined  by  three  judges,  the  de- 
cision of  a  majority  of  whom  shall  govern  as  to  all  questions  of 
law  or  fact  involved  in  such  suit  or  proceeding  and  submitted 
to  them  for  decision,  subject,  nevertheless,  to  review  upon  ap- 
peal or  writ  of  error  to  the  same  extent  as  if  such  decisions  were 
made  by  a  single  judge."  This  provision  is  designed  to  pro- 
vide for  the  trial  or  hearing  before  three  judges  of  a  case,  or  a 
motion  in  a  case,  of  unusual  importance  or  dilBculty. 

Second:  The  clause  requiring  each  associate  judge  to  make 
a  monthly  report  to  the  chief  justice  is  omitted  as  being  unnec- 
essary. 

SECTION  7. 

Section  7.  That  the  chief  justice  and  the  associate  judges  of 
the  municipal  court  provided  for  in  the  preceding  section  shall 
be  elected  on  the  first  Tuesday  after  the  first  Monday  of  Novem- 
ber, A.  D.  1906;  that  the  chief  justice  then  elected  shall  hold 
his  office  for  the  term  of  five  (5)  years  and  four  (4)  months 
and  until  his  successor  shall  be  elected  and  qualified ;  that  of  the 
said  associate  judges  so  to  be  elected  nine  (9)  shall  be  elected 
for  the  term  of  one  (1)  year  and  four  (4)  months;  nine  (9) 
for  the  term  of  three  (3)  years  and  four  (4)  months,  and  nine 
(9)  for  the  term  of  five  (5)  years  and  four  (4)  months  and 
until  their  respective  successors  shall  be  elected  and  qualified, 
and  on  the  first  Tuesday  of  April,  A.  D.  1908,  and  on  the  first 
Tuesday  of  April,  every  sixth  year  thereafter,  and  on  the  first 
Tuesday  of  April,  A.  D.  1910,  and  on  the  first  Tuesday  of  April 
every  sixth  year  thereafter,  there  shall  be  elected  nine  (9)  asso- 
ciate judges  of  said  municipal  court  and  on  the  first  Tuesday 
of  April,  A.  D.  1912,  and  every  sixth  year  thereafter  there  shall 


660  PRACTICE  IN   THE   MUNICIPAL   COURT. 

be  elected  a  chief  justice  and  nine  (9)  associate  judges  of  said 
municipal  court  as  successors  in  office  of  the  chief  justice  and 
associate  judges  of  the  municipal  court  by  this  act  required  to 
be  elected,  each  of  whom  shall  hold  his  office  for  the  term  of  six 
(6)  years  and  until  his  successor  shall  be  elected  and  qualified. 
The  judges  so  required  to  be  elected  on  the  first  Monday  of 
November,  A.  D.  1906,  shall  enter  upon  the  discharge  of  their 
duties  on  the  first  Monday  of  December  following  their  election, 
and  those  elected  as  their  successors  in  office  .at  the  regular  elec- 
tions thereafter  above  provided  for,  shall  enter  upon  -the  dis- 
charge of  their  duties  upon  the  first  Monday  of  June  following 
their  election.  Vacancies  in  the  office  of  chief  justice  or  asso- 
ciate judge  of  the  municipal  court  shall  be  fiilled  by  election  at 
the  regular  municipal,  judicial  or  other  general  election  which 
shall  occur  next  after  a  period  of  thirty  (30)  days  from  the 
time  such  vacancies  respectively  occur,  but  where  the  unexpired 
term  does  not  exceed  one  year,  the  vacancy  shall  be  filled  by 
appointment  by  the  Governor.  Whenever  a  vacancy  occurs  in 
the  office  of  chief  justice,  or  whenever  the  chief  justice  shall 
be  absent  from  the  city  of  Chicago,  or  incapacitated  from  act- 
ing, the  associate  judges  shall  select  one  of  their  number  to  act 
as  chief  justice  until  such  vacancy  shall  be  filled  by  election  or 
appointment,  as  above  provided  for,  or  until  the  return  of  the 
chief  justice,  or  until  his  incapacity  ceases. 

NOTE. 

This  is  the  same  as  section  9  of  the  original  act  with  changes 
made  to  require  elections  of  Judges  to  be  held  at  the  same  time 
as  city  elections,  in  April.  The  date  fixed,  it  is  assumed,  will 
be  the  date  when  aldermen  are  elected  and  when  there  is  no  mayor 
to  elect.  At  such  elections  there  is  generally  a  large  vote  and 
more  attention  is  paid  and  weight  given  to  the  qualifications  of 
candidates  than  would  be  the  case  at  the  November  elections 
provided  for  by  the  original  act.  As  changed,  the  section  accom- 
plishes the  same  result  sought  to  be  accomplished  by  the  original 
act  as  it  passed  the  House  of  Representatives. 

SECTION  8. 

Section  8.  That  no  person  shall  be  eligible  to  the  oflBce  of 
chief  justice  or  of  associate  judge  of  the  municipal  court  unless 


APPENDIX.  661 

he  shall  be  at  least  thirty  years  of  age  and  a  citizen  of  the 
United  States,  nor  unless  he  shall  have  resided  in  the  county  of 
Cook  and  been  there  engaged,  either  in  active  practice  as  an 
attorney  and  counsellor  at  law  or  in  the  discharge  of  the  duties 
of  a  judicial  office,  five  years  next  preceding  his  election,  or  in 
one  of  said  occupations  during  a  portion  of  said  time  and  in 
the  other  the  remaining  portion  thereof,  and  shall,  at  the  time 
of  his  election,  be  a  resident  of  the  city  of  Chicago.  Nor  shall 
any  person  be  eligible  to  the  office  of  chief  justice  or  associate 
judge  of  the  municipal  court  who  shall  have  contributed  or  ex- 
pended directly  or  indirectly,  or  who  shall  have  agreed  to  con- 
tribute or  expend,  directly  or  indirectly,  any  money  or  property 
whatever  for  the  purpose  of  furthering  either  his  nomination  as 
a  candidate  for  said  office  or  his  election  thereto,  or  the  nomi- 
nation or  election  of  any  other  candidate  for  office  at  such  elec- 
tion. 

NOTE. 

This  is  the  same  as  section  10  of  the  original  act,  with  the 
exception  that  there  is  added  thereto  the  provision  against  con- 
tributions for  nomination  or  election  purposes.  This  provision 
was  in  the  act  as  originally  drafted  and  introduced  into  the  Gen- 
eral Assembly  and  as  passed  by  the  House,  but  was  stricken  out 
by  the  Senate. 

SECTION  9. 

Section  9.  That  every  chief  justice  and  associate  judge  of 
such  municipal  court,  before  he  enters  upon  the  duties  of  his 
office,  shall  take  and  subscribe  the  following  oath  or  affirmation : 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will 
support  the  Constitution  of  the  United  States  and  the  Constitu- 
tion of  the  State  of  Illinois,  and  that  I  will  faithfully  discharge 
the  duties  of  the  office  of  chief  justice  (or  associate  judge)  of 
the  municipal  court  of  Chicago  according  to  the  best  of  my 
ability. 

Said  oath  shall  be  filed  in  the  office  of  the  Secretary  of  State. 

NOTE. 

This  section  is  the  same  as  section  11  of  the  original  act. 


662  PRACTICE   IN   THE    MUNICIPAL   COURT. 

SECTION  10. 

Section  10.  That  wheiK'vcr  two-thirds  in  rmniber  of  the 
,jadg:es  of  the  niunieipal  court  shall  transmit  to  the  city  council 
of  the  city  of  Chicago  a  certificate  signed  by  them  that  in  the 
opinion  of  said  judges  the  business  of  said  municipal  court  is 
such  as  to  require  an  increase  in  the  number  of  the  associate 
judges  of  said  municipal  court,  said  city  council  may,  by  ordi- 
nance or  ordinances,  provide  for  an  increase  of  not  more  than 
nine  in  the  number  of  said  judges,  who  shall  be  elected,  one- 
third  for  two  years,  one-third  for  four  years  and  one-third  for 
six  years,  at  the  next  ensuing  general  election.  The  judges 
elected  in  accordance  with  such  ordinance  or  ordinances  shall 
hold  their  offices  for  the  said  respective  periods  for  which  they 
shall  have  been  elected  and  until  their  successors  shall  be  elected 
and  qualified,  and  every  two  years  thereafter  their  respective 
successors  shall  be  elected  for  the  full  term  of  six  years.  But 
after  the  number  of  associate  judges  has  been  increased  to  thirty- 
six  (36)  no  subsequent  increase  thereof  shall  be  made  by  the 
city  council. 

NOTE. 

This  section  is  the  same  as  section  12  of  the  original  act. 

SECTION  11. 

Section  11.  That  the  judges  of  said  municipal  court  may 
interchange  with  judges  of  other  city  courts  and  with  county 
judges,  and  said  respective  judges  may  hold  court  for  each  other 
and  perform  each  other's  duties  when  they  find  it  necessary  or 
convenient,  and  any  judge  of  a  circuit  court,  or  of  the  superior 
court  of  Cook  county,  may,  at  the  request  of  tlie  chief  justice  of 
the  municipal  court,  hold  a  branch  of  said  municipal  court  and 
exercise  all  the  powers  and  perform  all  of  the  duties  of  a  judge 
thereof. 

note. 

This  section  is  the  same  as  section  13  of  the  original  act  with 
the  addition  of  the  provision  that  "any  judge  of  the  circuit 
court  or  of  the  superior  court  of  Cook  county  may,  at  the  request 
of  the  chief  justice  of  the  municipal  court,  hold  a  branch  of 
said  municipal  court  and  exercise  all  the  powers  and  perform 
all  the  duties  of  a  judge  thereof."     The  original  act  as  intro- 


APPENDIX.  ti63 

duced  into  the  General  Assembly,  and  as  passed  by  the  House, 
provided  that  the  municipal  court  judges  might  interchange 
Avith  judges  of  the  circuit  and  superior  courts  and  with  judges 
of  other  city  courts.  This  provision  was  stricken  out  in  the 
Senate  in  consequence  of  the  attacks  made  ui^on  the  act  by  the 
lawyers  who  framed  House  Bill  281,  with  the  address  prefixed 
thereto,  given  in  this  appendix.  It  was  with  some  difficulty  that 
the  consent  of  the  Senate  was  obtained  to  the  provision  for  the 
interchange  with  judges  of  other  city  courts  and  with  county 
judges.  It  seems  desirable  that  to  meet  contingencies  which  may 
arise  there  should  be  an  ample  judicial  force  to  draw  upon  to 
transact  the  business  of  the  court,  and  it  is  desirable  that  the 
judges  called  in  for  that  purpose  should  be  capable  and  high- 
elass  men.  Such,  indeed,  are  many  of  the  county  judges  and 
judges  of  the  city  courts,  but  the  number  may  not  prove  suffi- 
cient for  the  purpose.  The  change  does  not  authorize  judges  of 
the  municipal  court  to  hold  a  circuit  court  or  superior  court  or 
-criminal  court,  and  hence  should  not  meet  with  opposition. 

SECTION  12. 

Section  12.  That  there  shall  be  a  clerk  of  said  municipal 
<;ourt  whose  term  of  office  shall  be  six  years  and  until  his  suc- 
cessor shall  be  elected  and  qualified  and  who  shall  be  elected  on 
the  first  Tuesday  after  the  first  Monday  of  November,  A.  D. 
1906,  and  every  six  years  thereafter.  Pie  shall  perform  with 
respect  to  said  municipal  court  the  duties  usually  performed 
by  clerks  of  courts  of  record.  He  shall  give  his  personal  atten- 
tion to  the  ijcrformance  of  the  duties  of  his  office.  He  shall  main- 
tain an  office  in  each  district,  and  each  office  shall  be  kept  open 
for  the  transaction  of  business  from  eight  o'clock  a,  m.  to  six 
o'clock  p.  M.  of  each  working  day  during  the  year,  and  during 
such  other  hours  as  the  chief  justice  of  the  municipal  court  may 
direct.  Until  otherwise  provided  by  the  rules  which  may  be 
adopted  under  the  provisions  of  this  act  the  powers,  duties  and 
liabilities,  the  oath  of  office  and  the  bond  and  conditions  thereof, 
of  such  clerk  shall  be  the  same,  as  near  as  may  be,  as  those  pre- 
scribed by  law  for  clerks  of  courts  by  the  act  entitled  "An  act 
to  revise  the  law  in  relation  to  clerks  of  courts"  approved  March 
25,  1874,  and  in  force  July  1,  1874.  His  salary  shall  be  five 
thousand  dollars    ($5,000)    per  annum   and  shall    be    paid    in 


664  PRACTICE    IN    THE   MUNICIPAL    COURT. 

monthly  installments  out  of  the  city  treasury.  He  shall  be  com- 
missioned by  the  governor.  In  case  of  the  absence  of  the  clerk, 
or  of  his  inability  to  act  in  any  case  pending  in  said  court  by 
reason  of  his  interest  in  said  case  or  otherwise,  the  chief  justice 
of  the  municipal  court  may  designate  any  deputy  clerk  to  act 
as  clerk  pro  tern  until  such  absence  or  inability  ceases. 

NOTE. 

This  is  the  same  as  section  14  of  the  original  act,  with  the  fol- 
lowing changes : 

First:  To  the  provision  that  the  clerk's  office  in  each  district 
shall  be  kept  open  from  8  a.  m.  to  6  p,  m.  of  each  working  day 
there  is  added  a  further  provision  that  they  may  be  kept  open 
such  other  hours  as  the  chief  justice  may  direct. 

Second:  There  is  added  a  provision  that  in  case  of  the  absence 
of  the  clerk  or  his  inability  to  act  in  any  case  pending  in  the 
court  by  reason  of  his  interest  in  the  ease  or  otherwise,  the  chief 
justice  may  designate  any  deputy  clerk  to  act  as  clerk  pro  tern 
until  such  absence  or  inability  ceases. 

SECTION  13. 

Section  13.  That  said  clerk  shall  appoint  such  number  of 
deputies  as  may  be  determined,  from  time  to  time,  by  a  majority 
of  the  judges  of  the  municipal  court  by  orders  signed  by  them 
and  spread  upon  the  records  of  said  court.  The  salaries  of  deputy 
clerks  shall  be  fixed,  from  time  to  time,  by  orders  signed  by  a 
majority  of  the  judges  of  the  municipal  court  and  spread  upon 
the  records  of  the  court,  and  shall  be  payable  out  of  the  city 
treasury  in  monthly  installments,  provided,  however,  that  the 
salary  of  the  chief  deputy  clerk  shall  not  exceed  two  thousand 
five  hundred  dollars  ($2,500)  per  annum,  and  that  the  salary 
of  no  other  deputy  clerk  shall  exceed  eighteen  hundred  dollars 
($1,800)  per  annum,  unless  the  city  council  shall,  by  ordi- 
nance, so  provide.  Such  number  of  deputy  clerks  so  appointed 
as  the  judges  may  deem  necessary  shall  be  competent  shorthand 
reporters,  capable  of  correctly  taking  down  stenographically  and 
transcribing  the  proceedings  of  courts,  and  shall  perform  such 
duties  with  respect  to  attending  upon  and  taking  down  steno- 
graphic reports  of  the  proceedings  of  said  court  as  may  be 
required  by  the  judges,  and  for  making  and  furnishing  tran- 


^VPPENDIX.  665 

scripts  of  their  stenographic  reports  aforesaid  said  deputy  clerks 
shall  be  allowed  to  make  such  reasonable  charge,  not  exceeding 
fifteen  cents  per  one  hundred  words,  to  the  parties  to  whom  such 
transcripts  are  furnished,  as  may  be  determined  by  the  judges, 
and  the  judges  may  allow  said  deputy  clerks  to  retain,  as  addi- 
tional compensation  for  their  services,  such  proportion  as  the 
judges  may  deem  reasonable  of  the  charges  so  collected,  the 
balance  of  such  charges  to  be  accounted  for  by  such  deputy 
clerks  in  the  same  manner  as  costs  collected  by  them.  Such 
deputy  clerks  shall  take  the  same  oath  or  affirmation  required 
of  the  clerk  of  said  municipal  court  and  shall  give  bonds  to  be 
approved  by  the  chief  justice  of  said  court,  conditioned,  as  near 
as  may  be,  like  the  bond  required  of  the  clerk.  Any  deputy 
clerk  shall  be  subject  to  removal  at  any  time  by  an  order  signed 
by  a  majority  of  the  judges  of  the  municipal  court  and  spread 
upon  the  records  of  said  court.  The  number  of  deputy  clerks 
may  be  reduced  at  any  time  by  an  order  signed  by  a  majority 
of  the  judges  of  said  municipal  court  and  spread  upon  the  rec- 
ords of  said  court. 

NOTE. 

This  section  is  the  same  as  section  15  of  the  original  act  with 
the  following  changes: 

First:  To  the  provision  limiting  the  salaries  of  deputy  clerks 
as  they  may  be  fixed  by  the  judges  there  is  added  a  provision 
which  enables  the  judges  to  fix  higher  salaries  with  the  approval 
of  the  city  council.  It  may  be  found  expedient  to  employ,  in 
the  capacity  of  assistants  to  the  chief  justice,  a  better  class  of 
deputy  clerks  than  can  be  obtained  if  the  salaries  are  limited 
to  $1,800,  and  the  city  council  should  be  permitted  to  authorize 
this,  whenever,  in  its  judgment,  it  is  necessaiy. 

Second:  The  provision  that  the  judges  may  allow  the  deputy 
clerks  who  are  shorthand  reporters  to  make  a  charge  of  not 
exceeding  15  cents  per  100  words  for  transcripts,  and  retain 
one-half  of  the  charges  so  collected,  is  changed  so  as  to  author- 
ize the  judges  to  allow  them  to  retain  such  proportion  of  the 
charges  as  the  judges  may  deem  reasonable,  for  the  salaries 
authorized  by  the  act,  and  an  allowance  of  only  one-haif  of  the 
transcript  fees,  may  not  be  sufficient  to  secure  as  efficient  and 
capable  shorthand  reporters  as  may  be  desirable,  and  the  judges 
should  be  authorized  to  exercise  their  judgment  in  this  respect. 


t!66  PRACTICE    IN    THE   MUNICIPAL   COURT. 

Third:  There  is  omitted  from  the  section  the  provision  that 
deputy  clerks  render  assistance  to  parties,  as  this  is  otherwise 
provided  for  by  section  59,  post. 

SECTION  14. 

Section  14.  That  there  shall  be  a  bailiff  of  said  municipal 
court  whose  term  of  office  shall  be  six  years  (6)  and  until  his 
successor  shall  be  elected  and  qualified  and  who  shall  be  elected 
on  the  first  Tuesday  after  the  first  Monday  of  November,  A.  D. 
1906,  and  every  six  years  thereafter.  He  shall  perform  with 
respect  to  said  municipal  court  the  duties  usually  performed  by 
sheriffs  in  respect  to  attendance  upon,  and  service  and  execution 
of  the  process,  and  obedience  of  the  lawful  orders  and  directions 
of,  a  circuit  court.  He  shall  give  his  personal  attention  to  the 
performance  of  the  duties  of  his  office.  He  shall  maintain  an 
office  in  each  district  and  each  office  shall  be  kept  open  in  each 
district  for  the  transaction  of  business  from  eight  o'clock  a.  m. 
to  six  o'clock  p.  M.  of  each  working  day  during  the  year,  and 
during  such  other  hours  as  the  chief  justice  of  the  municipal 
court  may  direct.  Until  otherwise  provided  by  the  rules  which 
may  be  adopted  under  the  provisions  of  this  act  the  powers, 
duties  and  liabilities,  the  oath  of  office,  and  the  bond  and  condi- 
tions thereof,  of  such  bailiff  shall  be  the  same,  as  near  as  may 
be,  as  those  prescribed  by  law  for  sheriffs  with  respect  to  attend- 
ance upon,  and  service  and  execution  of  the  process,  and  obedi- 
ence of  the  lawful  orders  and  directions  of,  a  circuit  court.  His 
salary  shall  be  five  thousand  dollars  ($5,000)  per  annum  and 
shall  be  paid  in  monthly  installments  out  of  the  city  treasury. 
He  shall  be  commissioned  by  the  governor.  In  case  of  the 
absence  of  the  bailiff,  or  of  his  inability  to  act  in  any  case  pend- 
ing in  said  court  by  reason  of  his  intei-est  in  said  case  or  other- 
wise, the  chief  justice  of  the  municipal  court  may  designate  any 
deputy  bailiff  to  act  as  bailiff'  p/'o  tcm  until  such  absence  or 
inability  to  act  ceases.  It  shall  be  unnecessary  to  serve  any 
process  of  siunmons  upon  the  bailiff'  in  any  suit  against  him 
commenced  in  the  municipal  court.  In  lieu  of  the  service  of 
such  process  the  clerk  shall  notify  the  bailiff'  of  the  commence- 
ment of  such  suit  and  the  bailiff'  shall  thereupon  enter  his  appear- 
ance therein,  such  entry  of  appearance  to  be  made  without  any 
advance  payment  of  costs. 


APPENDIX.  667 

NOTE. 

This  section  is  the  same  as  section  16  of  the  original  act  with 
the  following  changes : 

First:  The  clause  requiring  the  bailiff's  office  in  each  district 
to  be  kept  open  from  8  o'clock  a.  m.  to  6  o'clock  p.  m.  of  each 
working  day  has  added  thereto  the  further  provision  that  it 
shall  be  kept  open  during  such  other  hours  as  the  chief  justice 
may  direct. 

Second:  There  is  added  the  provision  that  in  case  of  the 
absence  of  the  bailiff  or  his  inability  to  act  in  any  case  pending 
in  the  court,  by  reason  of  his  interest  in  the  case  or  otherwise,  the 
chief  justice  may  designate  any  deputy  bailiff'  to  act  as  bailiff' 
pro  tern  until  such  absence  or  inability  to  act  ceases. 

Third:  A  provision  is  made  that  it  shall  be  unnecessary  to 
serve  any  process  upon  the  bailiff'  in  any  suit  coimnenced  against 
him  in  the  municipal  court.  When  a  suit  is  commenced  he  is  to 
be  notified  by  the  clerk  and  is  to  be  required  to  enter  his  appear- 
ance. 

SECTION  15. 

Section  15.  That  said  bailiff'  shall  appoint  such  number  of 
deputies  as  may  be  determined,  from  time  to  time,  by  a  majority 
of  judges  of  the  municipal  court  by  orders  signed  by  them  and 
spread  upon  the  records  of  said  court.  The  salaries  of  deputy 
bailiffs  shall  be  fixed,  from  time  to  time,  by  orders  signed  by  a 
majority  of  the  judges  of  the  municipal  court  and  spread  upon 
the  records  of  the  court  and  shall  be  payable  out  of  the  city  treas- 
ury in  montlily  installments :  Provided,  however,  that  the  salary 
of  the  chief  deputy  bailiff'  shall  not  exceed  two  thousand  five 
hundred  dollars  ($2,500)  per  annum,  and  that  the  salary  of  no 
other  deputy  bailiff'  shall  exceed  fifteen  hundred  dollars  ($1,500) 
per  annum,  unless  the  city  council  shall,  by  ordinance,  so  pro- 
vide. Such  deputy  bailiffs  shall  take  the  same  oath  or  affirma- 
tion required  of  the  bailiff  of  said  municipal  court  and  shall 
give  bonds  to  be  approved  by  the  chief  justice  of  said  court  condi- 
tioned, as  near  as  may  be,  like  the  bond  required  of  the  bailiff'. 
The  bailiff  and  deputy  bailiffs  of  the  municipal  court  shall  be 
ex  officio  police  officers  of  the  city  of  Chicago.  Any  deputy 
bailiff'  shall  be  subject  to  removal  at  any  time  by  an  order  signed 
by  a  majority  of  the  judges  of  the  municipal  court  and  spread 


668  PRACTICE    IN    THE    MUNICIPAL    COURT. 

upon  the  records  of  said  court.  The  number  of  deputy  bailiffs 
may  be  reduced  at  any  time  by  an  order  signed  by  a  majority 
of  the  judges  of  said  municipal  court  and  spread  upon  the  rec- 
ords of  said  court.  Every  police  officer  of  the  city  of  Chicago 
shall  be  ex  officio  a  deputy  bailiff  of  the  municipal  court,  and 
shall  perform,  from  time  to  time,  such  duties  in  respect  to  cases 
within  the  jurisdiction  of  said  court,  as  may  be  required  of  him 
by  said  court  or  any  judge  thereof. 

NOTE. 

This  section  is  the  same  as  section  17  of  the  original  act  with 
the  following  changes: 

First:  The  provision  by  which  the  power  of  the  judges  in  fix- 
ing the  salaries  of  deputy  bailiffs  is  limited  to  $1,500,  is  changed 
so  as  to  empower  the  city  council,  by  ordinance,  to  authorize 
higher  salaries. 

Second:  The  provision  regulating  the  duties  of  police  oflBcers 
is  so  changed  as  to  authorize  them  to  be  called  upon  to  perform 
such  duties  in  cases  within  the  jurisdiction  of  the  court  as  may 
be  required  of  them  by  the  court.  Ordinarily  police  officers 
would  not  be  called  upon  to  perform  duties  in  any  other  than 
criminal  or  quasi  criminal  cases,  but  occasions  might  arise  when 
there  was  a  sudden  demand  for  the  service  of  process  in  a  large 
number  of  suits,  and  when  it  might  be  expedient  to  eaU  upon  the 
police  department  for  temporary  assistance.  This  would  be 
preferable  to  making  it  necessary  for  the  court  to  have  a  larger 
niunber  of  bailiffs  than  the  business  of  the  court,  on  all  ordinary 
occasions,  would  require. 

SECTION  16. 

Section  16.  That  neither  the  clerk  nor  the  bailiff  nor  any 
deputy  clerk  or  deputy  bailiff  of  said  municipal  court  shall  re- 
ceive, aside  from  the  salary  and  the  costs  by  this  act  required  to 
be  paid  to  him  in  his  official  capacity,  any  money,  property,  or 
other  valuable  thing,  as  a  gratuity  or  otherwise,  for  the  perfonn- 
ance  of  any  duty  imposed  upon  him  by  virtue  of  his  office,  or 
for  the  performance  of  any  work  of  any  kind  or  character  in 
any  manner  connected  therewith.  It  shall  be  the  duty  of  the 
judges  of  said  municipal  court  to  remove  from  office  any  deputy 
clerk  or  deputy  bailiff  who  shall  violate  either  of  the  provisions 


APPENDIX  669 

of  this  section.  No  clerk  or  bailiff,  or  deputy  clerk  or  deputy 
l)ailiff,  of  the  municipal  court  shall  be  appointed  receiver  or 
guardian  ad  litem  in  any  suit  therein  pending. 

NOTE. 

This  section  is  the  same  as  section  18  of  the  original  act. 
SECTION  17. 

Section  17.  That  until  otherwise  determined  in  the  manner 
hereinafter  provided,  and  except  as  by  this  act  is  otherwise  pre- 
scribed, the  practice  in  the  municipal  court  shall  be  the  same,  as 
near  as  may  be,  as  that  which  is  now  prescribed  by  law  for  simi- 
lar suits  or  proceedings  in  circuit  courts.  Said  municipal  court 
shall  be  the  sole  judge  of  the  applicability  to  the  proceedings  of 
said  court  of  the  rules  of  practice  prescribed  by  law  for  similar 
cases  in  the  circuit  courts  and  its  decisions  in  respect  thereto 
shall  not  be  subject  to  review  upon  appeal  or  writ  of  error; 
Provided,  Jioivever,  that  upon  appeal  or  writ  of  error  the  supreme 
court,  or  the  appellate  court,  as  the  case  may  be,  may  grant  relief 
from  any  such  decision  in  any  case  where,  in  the  opinion  of  the 
supreme  court  or  appellate  court,  such  relief  is  necessary  to  pre- 
vent a  failure  of  justice. 

NOTE. 

This  section  is  the  same  as  section  19  of  the  original  act  with 
the  following  words  stricken  out:  "excepting  that  in  cases  of 
the  fourth  class  and  cases  of  the  fifth  class  mentioned  in  section 
two  (2)  of  this  act,  the  issues  shall  be  determined  without  other 
forms  of  written  pleadings  than  those  hereinafter  expressly  pre- 
scribed or  provided  for. ' '    These  words  are  surplusage. 

SECTION  18. 

Section  18.  That  the  judges  of  said  municipal  court  shall 
have  power  to  adopt,  in  addition  to  or  in  lieu  of  the  provisions 
herein  contained  prescribing  the  practice  in  said  municipal  court 
or  of  any  portion  or  portions  of  said  provisions,  such  rules  reg- 
ulating the  practice  in  said  court  as  they  may  deem  necessary  or 
expedient  for  the  proper  administration  of  justice  therein.  The 
adoption  of  said  rules  shall  be  accomplished  by  an  order  signed 
by  a  majority  of  said  judges,  which  order,  when  made,  shall  be 
forthwith  spread  upon  the  records  of  the  municipal  court  and 


i 


670  PRACTICE    IN    TUE    MUNICIPAJ.    COUKT. 

shall  be  printed  in  pamphlet  form  at  the  expense  of  the  city: 
Provided,  however,  that  no  such  rule  or  rules  inconsistent  with 
those  expressly  provided  for  by  this  act,  shall  become  effective 
and  be  in  force  until  after  the  lapse  of  thirty  (30)  days  from 
the  approval  thereof  by  the  supreme  court.  Application  to  the 
supreme  court  for  such  approval  may  be  made  by  the  chief 
justice  of  the  municipal  court,  after  notice  of  such  application 
shall  have  been  published  once  each  week,  for  three  consecutive 
weeks,  in  some  newspaper  of  general  circulation  published  in 
the  city  of  Chicago,  specifying  the  time  at  Avhicli  such  applica- 
tion shall  be  made.  Upon  such  application  the  supreme  court 
shall  review  the  said  rule  or  rules  so  adopted  and  may  either 
confirm  the  order  adopting  the  same  or  may  modify  or  set  aside 
the  same,  and  the  supreme  court  may,  in  its  discretion,  substi- 
tute for  the  rule  or  rules  so  adopted  by  said  judges  of  said 
municipal  court  or  for  any  portion  thereof,  such  other  rules  as 
the  supreme  court  may  deem  proper,  and  may,  in  its  discretion, 
of  its  own  motion  or  otherwise,  make  any  order  respecting  the 
rules  of  said  municipal  court  which  it  may  deem  proper.  The 
supreme  court  and  appellate  courts  in  cases  brought  to  them 
from  the  municipal  court  by  appeal  or  writ  of  error  shall  take 
judicial  notice  of  the  rules  of  practice  from  time  to  time  in 
force  in  said  municipal  court. 

NOTE. 

This  section  is  the  same  as  section  20  of  the  original  act,  with 
the  exception  that  the  clause  '' Provided,  Jioivever,  that  no  such 
rule  or  rules  so  adopted  shall  be  inconsistent  with  those  expressly 
provided  for  by  this  act,  nor  shall  they  become  effective"  is 
changed  so  as  to  read,  "Provided,  however,  that  no  rule  or  rules 
inconsistent  with  those  expressly  provided  by  this  act  shall  be- 
come effective,"  etc.  The  judges,  with  the  approval  of  the 
supreme  court,  ought  to  have  the  power  to  make  rules  of  practice 
even  though  they  be  inconsistent  with  those  provided  for  by  the 
act.  This  was  the  view  taken  both  by  the  House  and  by  the 
Senate.  The  opposite  view  was  only  given  effect  in  the  Confer- 
ence Committee,  at  the  instigation  of  one  of  the  members  thereof 
who  had  opposed  the  passage  of  the  act. 


APPENDIX.  671 


SECTION  19. 


Section  19.  That  there  shall  be  no  stated  terms  of  the  munici- 
pal court,  but  said  court  shall  be  always  open  for  the  transac- 
tion of  business.  Every  judgment,  order  or  decree  of  said  court 
linal  in  its  nature,  shall  be  subject  to  be  vacated,  set  aside  or 
modified  in  the  same  manner  and  to  the  same  extent  as  a  judg- 
ment, order  or  decree  of  a  circuit  court  during  the  term  at  which 
the  same  was  rendered  in  such  circuit  court,  provided  a  motion 
to  vacate,  set  aside  or  modify  the  same  be  entered  in  said  munici- 
pal court  within  sixty  days  after  the  entry  of  such  judgment, 
order  or  decree.  If  no  motion  to  vacate,  set  aside  or  modify  any 
such  judgment,  order  or  decree  shall  be  entered  within  sixty 
days  after  the  entry  of  such  judgment,  order  or  decree,  the  same 
shall  not  be  vacated,  set  aside  or  modified  excepting  upon  appeal 
or  writ  of  error,  or  by  a  bill  in  equity,  or  by  a  petition  to  said 
municipal  court  setting  forth  grounds  for  vacating,  setting  aside 
or  modifying  the  same,  which  would  be  sufficient  to  cause  the 
same  to  be  vacated,  set  aside  or  modified  by  a  bill  in  equity; 
provided,  however,  that  all  errors  in  fact  in  the  proceedings  in 
such  case,  which  might  have  been  corrected  at  common  law  by 
the  writ  of  error  coram  nohis  may  be  corrected  by  motion,  or 
the  judgment  may  be  set  aside,  in  the  manner  provided  by  law 
for  similar  cases  in  the  circuit  courts ;  and,  provided,  .further, 
that  the  municipal  court  may,  at  any  time  within  six  months 
after  the  entry  of  any  final  order,  judgment  or  decree,  cause  the 
record  thereof  to  be  amended  so  as  to  conform  to  the  truth  as 
it  may  be  made  to  appear  to  the  court  by  any  evidence,  which 
would  be  competent  for  that  purpose  in  a  like  proceeding  in  a 
circuit  court  during  the  term  at  which  the  final  order,  judgment 
or  decree  was  entered. 

NOTE. 

This  section  is  the  same  as  section  21  of  the  original  act,  with 
the  following  changes: 

First:  Provision  is  made  that  the  court  may  vacate,  set  aside 
or  modify  a  judgment,  order  or  decree  provided  a  motion  for 
that  purpose  is  entered  within  60  days  after  the  entry  of  judg- 
ment. 

Second:     Provision  is  also  made  that  after  the  lapse  of  60 


I 


G72  PRACTICE    IN    THE    MUNICIPAL    COURT. 

days  a  judgnnent,  order  or  decree  may  be  vacated,  set  aside  or 
modified  by  the  court  upon  a  petition  for  that  purpose  setting 
forth  grounds  for  vacating,  setting  aside,  or  modifying  the 
same  which  would  be  sufficient  to  cause  the  same  to  be  vacated, 
set  aside,  or  modified  by  a  bill  in  equity.  The  purpose  of  this 
is  to  render  it  unnecessary  for  a  party  to  apply  to  any  other 
court  to  do  that  which  the  municipal  court  itself  ought  to  be 
able  to  do. 

Third:  A  provision  is  added  that  the  court  may,  at  any  time 
within  six  months  after  the  entry  of  any  final  order,  judgment 
or  decree,  cause  the  record  to  be  amended  so  as  to  conform  to 
the  truth  as  it  may  be  made  to  appear  to  the  court  by  any  evi- 
dence which  would  be  competent  for  that  purpose  in  a  like  pro- 
ceeding in  a  circuit  court,  during  the  term  at  which  the  final 
order,  judgment  or  decree  was  entered. 

SECTION  20. 

Section  20.  That  the  final  orders,  judgments  and  decrees  of 
the  municipal  court  in  cases  of  the  first  class,  cases  of  the  second 
class  and  cases  of  the  third  class  mentioned  in  section  two  (2)  of 
this  act,  and  in  bastardy  cases,  may  be  reviewed  upon  error  or 
appeal,  by  the  supreme  court  in  all  criminal  cases  above  the 
grade  of  misdemeanors,  cases  in  which  a  franchise  or  freehold, 
or  the  validity  of  a  statute  or  construction  of  the  constitution  is 
involved,  and  in  all  cases  relating  to  the  revenue  or  in  which  the 
state  is  interested  as  a  party  or  otherwise,  and  by  the  appellate 
court  in  all  other  cases.  The  practice  in  cases  of  appeals  from 
or  writs  of  error  to  said  municipal  court  in  said  cases  shall,  ex- 
cept as  in  this  act,  or  by  rules  of  said  court  adopted  in  pursu- 
ance hereof,  may  be  otherwise  provided,  be  the  same,  as  near  as 
may  be,  as  the  practice  in  cases  of  appeals  from  and  writs  of 
error  to  circuit  courts  in  similar  cases:  Provided,  however,  that 
upon  the  suing  out  of  any  writ  of  error  in  any  criminal  case  and 
the  filing  of  the  same  in  the  municipal  court,  the  municipal  court 
may,  in  its  discretion,  admit  any  defendant  to  bail  pending  the 
determination  of  such  writ  of  error.  But  no  appeal  shall  be 
allowed  in  any  case  unless  the  same  be  prayed  for  within  twenty 
days  after  the  entry  of  the  order,  judgment  or  decree  appealed 
from,  and  no  assignment  of  error  in  the  supreme  court  or  in  the 


APPENDIX.  673 

appellate  court  in  any  such  case  shall  be  allowed  which  shall  call 
in  question  the  decision  of  the  municipal  court  in  respect  to  any 
matter  pertaining  to  the  practice  in  said  court :  Provided,  how- 
ever, that  the  supreme  court  or  the  appellate  court,  as  the  case 
may  be,  may  grant  relief  from  any  error  of  the  municipal  court 
in  respect  to  a  matter  of  practice  therein  in  any  case  where,  in 
the  opinion  of  the  supreme  court  or  appellate  court,  such  relief 
is  necessary  to  prevent  a  failure  of  justice. 

NOTE. 

This  section  is  the  same  as  section  22  of  the  original  act,  with 
the  following  changes: 

First:    To  the  cases  mentioned  in  it  are  added  bastardy  cases. 

Second:  A  provision  is  made  that  upon  the  suing  out  of  any 
"writ  of  error  in  any  criminal  case  and  the  filing  of  the  same  in 
the  municipal  court,  the  municipal  court  may,  in  its  discretion, 
admit  any  defendant  to  bail  pending  the  determination  of  such 
writ  of  error.  Under  the  law  as  it  now  exists,  in  the  case  of  a 
misdemeanor  a  defendant  who  wishes  to  prosecute  a  writ  of 
error  may  be  compelled  to  go  to  jail,  or  at  least  be  placed  in  the 
custody  of  an  officer,  while  his  attorney  is  settling  a  bill  of  ex- 
ceptions, procuring  a  transcript  of  the  record,  and  making  an 
application  to  the  appellate  court  for  a  supersedeas.  This  is  un- 
just. In  any  such  case  a  writ  of  error  can  be  obtained  from  the 
appellate  court  and  filed  in  the  municipal  court  within  thirty 
minutes,  and  it  should  then  be  possible  for  the  court  to  admit  the 
party  to  bail,  and  settle  the  bill  of  exceptions  afterwards. 

SECTION  21. 

Section  21.  That  the  final  orders  and  judgments  of  the  muni- 
cipal court  in  cases  of  the  fourth  class  and  cases  of  the  fifth 
class  mentioned  in  section  two  (2)  of  this  act,  shall  be  revievred 
by  writ  of  error  only.  Such  writ  of  error  shall  be  sued  out  of 
the  supreme  court  in  all  cases  in  which  a  franchise,  a  free-hold 
or  the  validity  of  a  statute  or  the  construction  of  the  constitu- 
tion is  involved,  and  out  of  the  appellate  court  in  all  other  cases. 
The  time  within  which  a  writ  of  error  may  be  sued  out  in  any 
such  case  shall  be  limited  to  thirty  days  after  the  entry  of  the 
final  order  or  judgment  complained  of.  The  manner  of  prosecut- 
ing such  writ  of  error  shall  be  as  follows: 
43 


674  PRACTICE    IX    THE    MUNICIPAL    COURT. 

First:  Any  party  to  any  such  case  against  whom  there  has  been 
rendered  any  final  order  or  judgment  of  the  municipal  court  and 
who  shall  desire  to  obtain  a  review  of  such  final  order  or  judg- 
ment by  a  writ  of  error  may,  upon  suing  out  of  the  supreme 
court,  or  appellate  court,  as  the  case  may  be,  a  writ  of  error  in 
such  case  and  filing  the  same  in  the  municipal  court,  obtain  from 
the  municipal  court  a  stay  of  execution  upon  such  order  or  judg- 
ment for  ninety  (90)  days  after  the  entry  thereof  by  the  giving 
of  a  bond  with  a  sufficient  surety  or  sureties  to  be  approved  by  a 
judge  of  the  municipal  court  conditioned  for  the  due  prosecution 
of  such  writ  of  error  and  otherwise,  as  near  as  may  be,  as  an 
appeal  bond  in  case  of  an  appeal  from  a  similar  order  or  judg- 
ment of  a  circuit  court  is  required  to  be  conditioned. 

Second:  No  other  or  further  stay  of  proceedings  or  execution 
in  any  such  case  shall  be  allowed  by  the  municipal  court,  but  the 
supreme  court  or  the  appellate  court,  or  any  judge  thereof,  may 
allow  a  supersedeas  as  in  other  eases,  but  upon  the  allowance  of 
any  supersedeas,  when  any  bond  has  been  given  as  above  pro- 
vided, no  additional  bond  shall  be  required,  and  such  supersedeas 
shall  be  operative  until  the  final  determination  of  such  writ  of 
error. 

Third:  If,  upon  application  to  the  supreme  court  or  appellate 
court,  or  to  any  judge  thereof,  for  a  supersedeas  the  same  shall 
be  denied,  such  order  or  judgment  shall  stand  affirmed,  and  no 
further  proceedings  shall  be  had  in  said  supreme  court  or  appel- 
late court  with  respect  thereto  unless  the  supreme  court  or  appel- 
late court,  or  the  judge  denying  such  supersedeas  shall  other- 
wise order. 

Fourth:  The  party  in  whose  favor  any  final  order  or  judg- 
ment has  been  entered  shall  be  entitled  to  sue  out  a  writ  of  error 
from  the  supreme  court  or  the  appellate  court,  as  the  case  may 
be,  by  depositing  with  the  clerk  of  the  court  from  which  said 
writ  of  error  is  sued  out  the  sum  of  twenty  dollars  ($20)  as 
security  to  the  opposite  party  for  such  costs  as  may  be  awarded 
such  opposite  party  by  the  supreme  court  or  the  appellate  court, 
as  the  case  may  be,  upon  the  final  determination  of  such  writ  of 
error. 

Fifth:  The  party  suing  out  any  -uTit  of  error  shall  not  be- 
required  to  serve  upon  the  opposite  pai'ty  any  scire  facias  to  hear 


APPENDIX.  675 

errors,  but  in  lieu  thereof  shall,  within  five  days  after  the 
issuance  of  the  writ  of  error,  file  the  same  with  the  clerk  of  the 
municipal  court,  and  make  to  the  supreme  court  or  the  ap- 
pellate court,  as  the  case  may  be,  proof  of  such  filing,  and  such 
writ  of  error  so  filed  shall  be  notice  to  the  opposite  party  of  the 
suing  out  and  prosecution  of  such  writ  of  error. 

Sixth:  Upon  application  made  at  any  time  within  thirty  (30) 
days  after  the  entry  of  any  final  order  or  judgment,  or  within 
such  further  time  as  may,  upon  application  therefor  within  said 
thirty  days,  be  allowed  by  the  court,  it  shall  be  the  duty  of  the 
judge  by  whom  such  final  order  or  judgment  was  entered,  to 
sign  and  place  on  file  in  the  case  in  which  the  same  was  entered, 
if  so  requested  by  either  of  the  parties  to  the  suit,  either  a  correct 
statement,  to  be  prepared  by  the  party  requesting  the  signing 
of  the  same,  of  the  facts  appearing  upon  the  trial  thereof,  and 
of  all  questions  of  law  involved  in  such  case,  and  the  decisions 
of  the  court  upon  such  questions  of  law,  or,  if  such  party^  shall 
so  elect,  a  correct  stenographic  report  of  the  proceedings  at  the 
trial,  and  of  such  other  proceedings  in  the  case  as  such  party 
may  desire  to  have  reviewed  by  the  supreme  court  or  the  ap- 
pellate court,  omitting  therefrom,  with  the  approval  of  the  judge, 
so  much  of  the  arguments  of  counsel  and  of  the  other  proceed- 
ings, other  than  the  evidence  and  the  rulings  of  the  court  with 
respect  thereto  and  the  charge  of  the  court,  as  the  judge  may 
deem  unnecessary  for  the  presentation  to  the  supreme  court  or 
the  appellate  court  of  the  merits  of  the  case;  Provided,  Jiowever, 
that  the  opposite  party  may,  if  he  so  elect,  cause  the  parts  so 
omitted  to  lie  signed  by  the  judge  as  an  additional  report,  and 
cause  the  same  to  be  certified  by  the  clerk  and  filed  in  the 
supreme  court  or  appellate  court  as  the  case  may  be,  as  a  part  of 
the  record  to  be  considered  upon  such  writ  of  error.  The  expense 
of  procuring  such  report,  or  additional  report,  shall  be  paid  in 
the  first  instance  by  the  party  procuring  the  same  and  shall  be 
taxed  as  a  part  of  the  costs  in  the  supreme  court  or  appellate 
court,  as  the  case  may  be.  Such  statement,  or  such  original  re- 
port and  additional  report,  if  there  be  such  original  or  addi- 
tional report,  together  with  a  certified  copy  of  the  abbreviated 
form  of  record,  and  such  other  papers  as  may  be  specified  by  the 
judge,  if  any,  shall  be  certified  to  the  supreme  court  or  appellate 


676  PRACTICE    IN    THE   MUNICIPAL    COURT. 

court,  as  the  case  may  be,  as  the  record  to  be  considered  upon 
the  review  of  such  order  or  judgment  by  writ  of  error. 

Seventh:  No  order  or  judgment  so  sought  to  be  reviewed 
shall  be  reversed  unless  the  supreme  court  or  appellate  court,  as 
the  case  may  be,  shall  be  satisfied  from  said  statement  or  steno- 
graphic report,  or  reports,  signed  by  said  judge  that  such  order 
or  judgment  is  contrary  to  the  law  and  the  evidence,  or  that  such 
order  or  judgment  resulted  from  substantial  errors  of  said  mu- 
nicipal court  directly  affecting  the  matters  at  issue  between  the 
parties,  in  which  last  mentioned  case  the  supreme  court  or 
appellate  court,  as  the  case  may  be,  may  enter  such  order  or 
judgment  as,  in  its  opinion  the  municipal  court  ought  to  have 
entered,  or  it  may  reverse  the  said  order  or  judgment  and  re- 
mand the  case  to  the  municipal  court  for  further  proceedings. 

Eighth:  No  assignment  of  error  in  the  supreme  court  or  in 
the  appellate  court  in  any  such  case  shall  be  allowed  which  shall 
call  in  question  the  decision  of  such  municipal  coui't  in  respect 
to  any  matter  pertaining  to  the  practice  in  such  court,  nor  shall 
any  exceptions  to  the  rulings  and  decisions  of  the  mimicipal  court 
upon  the  trial,  which  appear  to  have  been  made  against  the  ob- 
jection of  the  party  complaining  thereof,  be  necessary  to  the 
right  of  either  party  to  a  review  of  such  rulings  and  decisions 
in  the  supreme  court  or  appellate  court  upon  their  merits,  but  it 
shall  be  the  duty  of  the  supreme  court  or  the  appellate  court,  as 
the  case  may  be,  to  decide  such  case  upon  its  merits  as  they 
may  appear  from  such  statement  or  stenographic  report  or  re- 
ports signed  by  the  judge :  Provided,  however,  that  the  supreme 
court  or  appellate  court,  as  the  case  may  be,  may  grant  relief 
from  any  error  of  the  municipal  court  in  respect  to  a  matter  of 
practice  therein  in  any  case  where,  in  the  opinion  of  the  supreme 
court  or  the  appellate  court,  such  relief  is  necessary  to  prevent 
a  failure  of  justice. 

NOTE. 

This  section  is  the  same  as  section  23  of  the  original  act,  with 
the  following  changes : 

First:  A  provision  is  inserted  requiring  that  a  party  who 
wishes  to  obtain  from  the  municipal  court  a  stay  of  execution 
must  first  sue  out  his  writ  of  error  and  file  it  in  the  municipal 
court  and  give  a  bond.  The  original  act  provided  for  the  giving 
of  a  bond  without  first  suing  out  a  writ  of  error. 


APPENDIX.  677 

Second:  Clause  sixth  is  rewritten  and  substantially  changed, 
so  as  to  allow  the  omission  from  the  stenographic  report  of  mat- 
ters which  both  parties  deem  immaterial. 

Third:  Clause  eighth  is  changed  so  that  while  exceptions  are 
unnecessary  to  the  review  of  a  ruling  of  the  municipal  court,  it 
raust  appear  that  the  ruling  was  made  against  the  objection  of 
the  party  complaining  of  it. 

SECTION  22. 

Section  22.  That  in  any  case  transferred  to  said  municipal 
court  by  the  circuit  or  superior  court  of  Cook  county  for  trial 
and  disposition,  said  municipal  court  shall  exercise  the  same 
powers  as  the  court  from  which  said  case  has  been  transferred 
might  have  exercised  had  said  case  not  been  so  transferred.  The 
circuit  court  of  Cook  county,  or  the  superior  court  of  Cook 
county,  may,  upon  the  application  of  either  party  for  a  change 
of  venue,  and  shall  upon  the  request  of  both  parties  to  any  suit 
at  law  or  in  equity  pending  therein,  transfer  said  suit  to  the 
municipal  court  for  trial  and  disposition.  The  criminal  court  of 
Cook  county  may,  in  its  discretion,  upon  the  request  of  the 
state's  attorney  or  of  any  defendant,  or  of  its  own  motion,  trans- 
fer to  the  municipal  court  for  trial  and  disposition  any  case 
therein  pending  and  shall  have  power  to  make  all  orders  which 
it  may  deem  necessary  to  accomplish  such  transfer  and  secure 
the  attendance  of  the  parties  and  witnesses  upon  said  municipal 
court  until  the  final  disposition  of  the  case,  and  said  municipal 
court,  when  any  criminal  case  shall  have  been  so  transferred  to 
it,  shall  exercise  all  the  powers  with  respect  to  the  trial  and  dis- 
position of  said  case  which  the  said  criminal  court  of  Cook  county 
might  have  exercised  had  said  case  not  been  so  transferred.  All 
judgments  of  conviction  in  criminal  cases  in  said  municipal  court 
where  the  punishment  inflicted  is  death  or  imprisonment,  shall  be 
carried  into  execution  in  the  same  manner  as  is  provided  by  law 
for  similar  cases  in  said  criminal  court  of  Cook  county.  The 
prosecution  of  all  criminal  cases  in  the  municipal  court  shall  be 
conducted  by  or  under  the  supervision  of  the  state's  attorney  of 
Cook  county,  but  in  any  case  in  which  the  state's  attorney  is 
disqualified  from  acting,  or  is  unable  to  act,  the  court  may  ap- 
point some  attorney  at  law  of  Cook  county  to  act  as  prosecuting 
attorney  in  such  case. 


678  PRACTICE  IN  THE   MUNICIPAL   COURT. 

NOTE  TO  SECTION  22. 

This  is  the  same  as  section  24  of  the  original  act  with  the  fol- 
lowing exceptions: 

First:  Provision  is  made  that  the  criminal  court  of  Cook 
county  may  "of  its  own  motion'"  transfer  to  the  municipal  court, 
for  trial  and  disposition,  any  case  pending  therein. 

Second:  The  clause  "in  all  cases  transferred  as  aforesaid  to 
said  municipal  court,  the  practice  in  respect  to  the  trial  and  dis- 
position thereof  shall  be  the  same  as  that  prevailing  in  the  re- 
spective courts  from  which  the  same  have  been  transferred,  un- 
less the  parties  shall  consent  that  the  trial  and  disposition  thereof 
.shall  be  governed  by  the  rules  of  practice  prevailing  in  said  mu- 
nicipal court  in  cases  commenced  therein,"  is  stricken  out. 

SECTION  23. 

Section  23.  That  every  suit  at  law  in  the  municipal  court 
other  than  a  case  of  the  second  class,  or  a  case  of  the  third  class, 
or  a  case  of  the  fifth  class,  mentioned  in  section  two  of  this  act, 
shall  be  tried  by  the  court  without  a  jury  unless  the  plaintiff,  at 
the  time  he  commences  his  suit,  or  the  defendant  at  the  time  he 
enters  his  appearance,  shall  file  with  the  clerk  a  demand  in 
writing  of  a  trial  by  jury,  which  demand,  however,  may  be  with- 
di'aAvn  by  the  party  filing  the  same  at  any  time  before  the  trial. 
Every  civil  suit  at  law  of  the  second  class  shall  be  tried  by  the 
court  without  a  jury  unless  the  respective  parties,  or  one  of 
them,  shall,  at  the  times  of  entering  their  or  his  appearance  in 
the  municipal  court,  file  with  the  clerk  a  demand  in  writing  of  a 
trial  by  jury.  In  every  criminal  case  in  which  the  punishment 
is  by  fine  or  imprisonment  otherwise  than  in  the  penitentiary, 
in  every  quasi  criminal  case  of  the  second  class  and  in  every  case 
of  the  fifth  class  mentioned  in  section  two  (2)  of  this  act,  a  trial 
by  jury  shall  be  deemed  waived  unless  the  defendant  shall  ex- 
pressly demand  such  trial,  and  when,  in  any  such  case,  the  de^ 
fendant  shall  not  expressly  demand  a  trial  by  jury,  such  defen- 
dant may  be  imprisoned  for  nonpaj^ment  of  the  fine  or  of  the 
judgment  therein,  or  otherwise  in  accordance  with  the  provisions 
of  such  judgment,  in  like  manner  as  if  he  had  waived  a  jury 
trial  by  executing  a  formal  waiver  in  ■s^Titing. 


APPENDIX.  679 

NOTE. 

This  section  is  the  same  as  section  30  of  the  original  act,  with 
the  following  changes: 

First:  It  provides  that  trial  by  jury  in  a  quasi  criminal  case 
need  not  be  demanded  at  the  time  the  suit  is  commenced  or  de- 
fendant's appearance  entered. 

Second:  It  pro\ades  that  every  civil  suit  at  law  of  the  second 
class  shall  be  tried  without  a  jury  unless  a  demand  in  writing  is 
filed. 

Third:  It  provides  that  in  criminal  cases  in  which  the  punish- 
ment is  by  fine  or  imprisonment  otherwise  than  in  the  peniten- 
tiary, and  in  every  quasi  criminal  case,  a  trial  by  jury  is  to  be 
deemed  waived  unless  the  defendant  expressly  demands  such 
trial,  and  when  it  is  not  demanded,  that  the  defendant  may  be 
imprisoned  for  non-payment  of  the  fine  or  the  judgment  therein, 
or  otherwise  in  accordance  with  the  provisions  of  such  judgment, 
in  like  manner  as  if  he  had  waived  a  jury  trial  by  executing  a 
formal  waiver  in  writing. 

SECTION  24. 

Section  24.  That  the  petit  jurors  for  the  trial  of  cases  in 
said  municipal  court  shall  be  provided  by  the  jury  commission- 
ers of  the  county  of  Cook  in  the  same  manner  and  from  the 
same  lists,  as  near  as  may  be,  as  petit  jurors  are  provided  for 
the  circuit,  superior  and  criminal  courts  of  Cook  county.  The 
names  of  the  necessary  number  of  petit  jurors  required  from 
time  to  time  in  said  municipal  court  shall  be  furnished  by  said 
jury  commissioners  upon  demand  to  the  clerk  of  the  municipal 
court  and  the  venires  for  such  jurors  shall  be  directed  to  and 
served  by  the  sheriff  of  Cook  county  at  the  expense  of  said 
county,  and  the  fees  of  the  said  jurors  shall  be  paid  out  of  the 
city  treasury.  The  number  of  petit  jurors  to  be  summoned  from 
time  to  time  shall  be  determined  by  the  chief  justice.  It  shall 
be  the  duty  of  the  chief  justice  of  the  municipal  court  to  cause 
to  be  interrogated  all  petit  jurors  summoned  for  service  in  the 
municipal  court,  and  to  cause  to  be  enquired  into  the  qualifica- 
tions of  said  jurors,  and  to  reject  from  service  as  jurors  all  jier- 
sons  who  do  not  appear  to  possess  the  qualifications  required  by 
law,  and  to  cause  the  summoning  of  persons  competent  to 
serve  as  jurors.     In  all  cases  tried  by  a  jury  in  the  municipal 


6S0  PRACTICE    IN    THE    MUNICIPAL    COURT. 

court  each  party  shall  be  entitled  to  a  challenge  of  the  same  num- 
ber of  jurors,  without  showing  cause  for  such  challenge,  as  are 
allowed  in  similar  cases  in  the  circuit  court  and  in  the  criminal 
court  of  Cook  county,  and  challenges  for  statutory  and  other 
causes  shall  be  allowed  as  in  similar  cases  in  the  circuit  court 
and  in  said  criminal  court  of  Cook  county.  It  shall  be  the  duty 
of  the  judge  presiding  at  the  trial  to  examine  or  cause  to  be  ex- 
amined, all  jurors  called  into  the  jury  box  in  any  case  with  re- 
spect to  their  statutory  qualifications  to  serve  as  petit  jurors  in 
such  cases,  unless  said  examination  shall  have  been  previously 
made  as  provided  in  the  preceding  clause  hereof,  and  to  permit 
the  plaintiff  and  the  defendant  to  propound  to  the  jurors  such 
pertinent  questions  as  may  be  necessary  for  the  purpose  of  ascer- 
taining whether  the  jurors  are  biased  or  prejudiced;  but  upon 
appeal  or  writ  of  error  to  review  any  judgment  of  said  municipal 
court  in  any  case  tried  therein  by  a  jury,  no  assignment  of  errors 
shall  be  allowed  which  shall  call  in  question  any  ruling  of  the 
court  pertaining  to  or  connected  with  the  impaneling  of  the 
jury,  other  than  one  improperly  restricting  the  right  of  a  party 
to  examine  the  jurors  as  to  bias  or  prejudice,  or  improperly  over- 
ruling a  challenge  by  a  party  of  a  juror  for  bias  or  prejudice. 

NOTE. 

This  is  the  same  as  sections  25,  26  and  31  of  the  original  act 
with  the  following  changes : 

First:  It  provides  that  the  presiding  judge  is  only  to  be  re- 
quired to  examine  the  jurors  as  to  their  statutory  qualifications 
when  they  have  not  been  previously  examined  by  or  under  the 
direction  of  the  chief  justice. 

Second:  It  provides  that  the  ruling  which  may  be  reviewed 
by  the  supreme  court  is  one  improperly  restricting  the  right  of 
the  party  (instead  of  the  defendant)  to  examine  jurors  as  to 
bias  or  prejudice  or  improperly  overruling  a  challenge  by  a 
party  (instead  of  the  defendant)  of  a  juror  for  bias  or  prejudice. 

SECTION  25. 

Section  25.  That  all  criminal  cases  in  the  municipal  court  in 
which  the  punislmient  is  by  fine  or  imprisonment  otherwise  than 
in  the  penitentiary,  may  be  prosecuted  by  information  of  the 
attorney  general  or  state's  attorney,  or  some  other  person,  and 
when  an  information  is  presented  by  any  person  other  than  the 


APPENDIX.  681 

attorney  general  or  state's  attorney,  it  shall  be  verified  by  affi- 
davit of  such  person  that  the  same  is  true,  or  that  the  same  is 
true  as  he  is  informed  and  believes.  Before  an  information  is 
filed  by  any  person  other  than  the  attorney  general  or  state's 
attorney,  one  of  the  judges  of  the  municipal  court  shall  examine 
the  information  and  may  examine  the  person  presenting  the  same 
and  require  other  evidence  and  satisfy  himself  that  there  is 
probable  cause  for  filing  the  same  and  so  endorse  the  same. 
Every  information  shall  set  forth  the  offense  with  reasonable 
certainty,  substantially  as  required  in  an  indictment,  and  the 
proceedings  thereon  shall  be  the  same,  as  near  as  may  be,  as 
upon  indictment  in  the  criminal  court  of  Cook  county,  except- 
ing as  is  by  this  act  otherwise  provided.  But  criminal  cases 
in  which  the  punislmient  is  by  fine  only  may,  in  the  discretion 
of  the  court,  be  prosecuted  by  complaint  as  is  provided  by  law 
for  the  prosecution  of  criminal  cases  before  justices  of  the 
peace.  Any  person  committed  for  a  criminal  or  supposed  crim- 
inal offense  and  not  admitted  to  bail  and  not  tried  within  four 
months  after  the  date  of  arrest  shall  be  set  at  liberty  by  the 
court,  unless  the  delay  shall  happen  on  the  application  of  the 
prisoner  or  unless  the  court  is  satisfied  that  due  exertion  has 
been  made  to  procure  the  evidence  on  the  part  of  the  people 
and  that  there  is  reasonable  grounds  to  believe  that  such  evi- 
dence may  be  procured  within  the  next  sixty  days,  in  which 
case  the  court  may  continue  the  case  for  such  time  as  the  court 
may  deem  necessary,  not  exceeding  said  sixty  days:  Provided, 
however,  that  if  said  person  be  not  tried  within  said  sixty  days 
no  further  continuance  shall  be  granted  and  said  person  shall 
be  set  at  liberty  by  the  court. 

NOTE. 

This  is  section  27  of  the  original  act,  so  changed  that  any 
criminal  case  in  which  the  punishment  is  by  fine  only  may  be 
prosecuted  by  complaint,  instead  of  limiting  cases  which  may 
be  prosecuted  by  complaint  to  those  where  the  fine  does  not 
exceed  $500. 

SECTION  26. 

Section  26.  That,  until  otherwise  provided  by  the  rules  of 
the  municipal  court,  cases  of  the  first  class  mentioned  in  section 
two  (2)  of  this  act  shall  be  commenced  and  prosecuted  in  said 
municipal  court  in  the   same  manner   in   which   similar   suits 


682  PRACTICE    IN    THE    MUNIClPzVL    COURT. 

and  proceedings  are  required  to  be  commenced  and  prosecuted 
in  the  circuit  courts,  except  as  is  herein  otherwise  prescribed, 
and  excepting  also  in  the  following  particidars : 

First:  The  summons,  when  the  first  process  is  a  summons, 
or  the  writ,  when  the  first  process  is  a  writ,  shall  be  directed  to 
the  bailiff  to  execute  and  shall  be  returnable  upon  some  Mon- 
day at  least  five  days,  and  not  more  than  twenty  days,  after 
the  date  thereof. 

Second:  Service  of  such  summons  or  ^vi'it  shall  be  made  by 
delivering  a  copy  thereof  to  the  defendant,  if  an  individual, 
and  informing  him  of  the  contents  thereof,  but  if  any  defendant 
be  a  corporation,  the  service  shall  be  made  in  the  manner  pro- 
vided by  law  for  similar  cases  in  the  circuit  courts. 

Third:  Notice  to  the  defendant  by  publication  may  be  given 
under  like  circumstances  and  in  the  same  manner  as  is  provided 
by  law  for  similar  cases  in  the  circuit  courts,  but  the  notice 
published,  in  lieu  of  stating  the  time  of  the  return  of  the  sum- 
mons or  writ,  shall  state  the  date  on  or  before  which  the  de- 
fendant is  required  to  appear,  which  date  shall  be  some  Mon- 
day not  less  than  forty  nor  more  than  sixty  days  after  the  date 
of  the  first  publication  of  notice,  as  the  plaintifi:  may  require. 

Fourth:  No  such  suit  shall  be  commenced  in  the  municipal 
court  unless  the  defendant,  if  there  be  but  one  defendant,  re- 
sides or  is  foimd  within  the  city  of  Chicago,  or  if  the  defend- 
ant be  a  corporation,  unless  its  principal  office  is  within  said 
city;  but  if  the  defendant  be  a  corporation  not  having  a  prin- 
cipal office  in  the  city  of  Chicago,  such  suit  may  be  brought 
in  the  mimicipal  court  wherever  service  of  process  may  be 
had  within  the  city  upon  any  officer,  agent  or  employe  of  such 
corporation  upon  whom  service  of  process  might  be  had  if  is- 
sued in  a  suit  commenced  in  the  circuit  court. 

Fifth:  The  provisions  of  paragraph  fourth  above  shall  not 
applj'  to  attaclnnent  suits,  replevin  suits  or  cases  of  distress  for 
rent  brought  against  non-residents  of  this  state,  which  suits 
may  be  brought  in  the  municipal  court  when  any  property  of 
the  defendant  is  levied  upon,  or  distrained,  or  any  garnishee 
resides  or  is  found  within  the  city  of  Chicago,  or,  if  the  suit 
be  a  replevin  suit,  when  the  property  sued  for  is  replevied 
within  the  citv  of  Chicago. 


APPENDIX.  683 

Sixth:  When  there  are  several  defendants,  one  of  whom 
resides  or  is  found  in  the  city  of  Chicago,  a  summons  or  writ 
may  be  issued  to  the  sheriff  of  Cook  county  for  any  defendant 
residing  in  said  county,  but  outside  of  the  city  of  Chicago,  or 
to  the  sheriff  of  any  other  county  for  any  defendant  residing 
in  such  county,  and  service  of  any  summons  or  writ  so  issued 
shall  be  made  in  the  same  manner  as  herein  required  in  the  case 
of  a  summons  or  writ  directed  to  the  bailiff:  Provided,  however, 
that  no  judgment  shall,  in  any  such  case,  be  rendered  against 
any  defendant  served  with  process  outside  of  the  city  of  Chi- 
cago unless  judgment  be  also  rendered  against  a  defendant 
served  within  said  city  of  Chicago. 

Seventh:  The  plaintiff  shall  file  his  declaration  within  three 
days  after  the  commencement  of  the  suit,  in  default  whereof 
the  suit  shall  be  dismissed  unless  the  court  by  an  order  entered 
in  said  suit  shall  extend  the  time  for  filing  such  declaration. 

Eighth:  The  defendant  shall,  in  case  he  shall  have  been 
served  with  process  of  summons,  or  with  the  writ,  three  days 
or  more  prior  to  the  return  day  thereof,  demur  or  plead  to  the 
declaration  or  the  complaint  on  or  before  the  Monday  succeed- 
ing such  return  day;  but  in  case  the  summons  or  writ  shall 
have  been  served  less  than  three  days  prior  to  the  return  day 
the  defendant  shall  not  be  required  to  plead  to  the  declaration 
or  complaint  until  on  or  before  the  second  Monday  after  such 
return  day.  In  case  the  time  for  filing  the  declaration  or  com- 
plaint shall  be  extended  by  the  court,  the  time  for  the  defend- 
ant to  demur  or  plead  to  the  same  shall  be  extended  until  the 
second  Monday  succeeding  the  expiration  of  such  extension  of 
time.  The  time  within  which  the  defendant  is  required  to  demur 
or  plead  may  be  extended  by  the  court  in  its  discretion. 

Ninth:  The  court,  by  rules  to  be  adopted  or  orders  signed 
by  a  majority  of  the  judges  and  spread  upon  the  records  of  the 
court,  may  substitute  for  the  forms  of  pleading  prevailing  in 
the  circuit  courts  such  other  forms  of  pleading  as  they  may 
deem  suitable  and  may  also  provide  for  such  interlocutory  pro- 
ceedings in  advance  of  the  trial  as  they  may  deem  conducive 
to  a  final  decision  of  cases  upon  their  merits. 

But  all  cases  provided  for  in  this  section  shall  be  commenced, 
prosecuted  and  disposed  of  in  the  first  district. 


684  PRACTICE   IN   THE   MUNICIPAL   COURT. 

NOTE. 

This  section  is  the  same  as  section  28  of  the  original  act, 
with  the  following  changes,  aside  from  a  few  verbal  changes : 

First:  It  provides  that  the  summons  shall  be  made  return- 
able in  at  least  five  days  instead  of  ten,  and  not  more  than  twenty 
days  instead  of  thirty. 

Second:  Paragraph  fifth  is  changed  by  inserting  after  "at- 
taclunent  suits ' '  the  words  ' '  replevin  suits  or  cases  of  distress  for 
rent,"  and  inserting  after  ** levied  upon"  the  words  "or  dis- 
trained," and  inserting  at  the  end  of  the  paragraph  the  words 
"or  if  the  suit  be  a  replevin  suit,  when  the  property  sued  for 
is  replevied  within  the  city  of  Chicago." 

Third:  Paragraph  seventh  is  amended  so  as  to  require  the 
plaintiff  to  file  his  declaration  within  three  days  instead  of  five 
days  after  the  commencement  of  suit. 

Fourth:  Paragraph  eighth  is  changed  so  that  the  defendant 
may  be  required  to  demur  or  plead  to  the  declaration  on  or  be- 
fore the  Monday  succeeding  the  return  day  of  the  siunmons 
or  writ,  if  it  has  been  served  three  days  instead  of  five  days 
prior  to  the  return  day. 

Fifth:  An  additional  paragraph  numbered  ninth  is  added, 
the  purpose  of  which  is  to  authorize  the  judges  to  adopt  new 
forms  of  pleadings  in  cases  of  the  first  class  and  to  make  pro- 
visions for  interlocutory  proceedings. 

SECTION  27. 

Section  27.  That  cases  of  the  fourth  class  mentioned  in 
section  two  (2)  of  this  act  when  the  amount  claimed  by  the 
plaintiff  in  money  or  personal  property  does  not  exceed  two 
hundred  dollars  ($200),  exclusive  of  costs,  and  also  forcible 
detainer  suits,  shall  be  brought  and  prosecuted  in  the 
district  in  which  the  defendant,  if  there  be  but  one  defendant, 
or  one  of  the  defendants,  if  there  be  more  than  one  defendant, 
resides  or  is  found,  or,  if  the  defendant  be  a  corporation  having 
its  principal  office  in  the  city  of  Chicago,  in  the  district  in  which 
its  principal  office  is  located;  but  if  the  defendant  be  a  corpora- 
tion not  having  a  principal  office  in  the  city  of  Chicago,  suit 
may  be  brought  in  any  district  within  which  service  of  process 
may  be  had  upon  any  officer,  agent  or  employe  of  such  corpora- 


APPENDIX.  685 

tion,  upon  whom  service  of  process  might  be  had  if  issued  in 
a  suit  commenced  in  the  circuit  court.  If,  in  any  such  case, 
there  is  more  than  one  defendant  and  one  defendant  resides  or 
is  found  within  the  district  in  which  such  suit  is  brought  or  is 
properly  served  with  process  therein,  the  process  of  such  mu- 
nicipal court  may  be  served  upon  the  remaining  defendant 
or  defendants  at  any  place  within  said  city  of  Chicago.  But 
no  suit  against  the  city  of  Chicago  or  any  other  municipal  cor- 
l^oration,  nor  any  suit  of  the  fourth  class  mentioned  in  section 
two  (2)  of  this  act,  when  the  amount  claimed  by  the  plaintiff 
in  money  or  personal  property  exceeds  two  hundred  dollars 
($200),  exclusive  of  costs,  shall  be  brought  in  any  other  than 
the  first  district.  If,  in  any  case  where  there  is  more  than  one 
defendant,  process  is  duly  served  upon  one  or  more  defendants 
and  returned  not  served  as  to  another  defendant  or  other  de- 
fendants, the  suit  shall  proceed  as  in  like  eases  in  the  circuit 
court.  But  the  requirement  that  the  defendant,  if  there  be  but 
one  defendant,  or  one  of  the  defendants,  if  there  be  more  than 
one  defendant,  must  reside  or  be  found  within  the  district  in 
which  such  suit  is  brought  shall  not  apply  to  attachment  suits 
brought  against  non-residents  of  this  state,  nor  to  replevin  suits, 
or  cases  of  distress  for  rent,  which  suits  may  be  brought  in  any 
district  when  any  property  of  the  defendant  is  levied  upon  or  dis- 
trained within  such  district,  or  any  garnishee  resides  or  is  found 
in  such  district,  or,  if  the  suit  be  a  replevin  suit,  when  the  prop- 
erty sued  for  is  replevied  within  the  district,  nor  shall  it  apply  to 
forcible  entry  and  detainer  suits  in  which  the  defendants  do  not 
reside  or  cannot  be  found  within  the  city  of  Chicago,  which  suits 
may  be  brought  in  any  district  in  which  the  property,  the  pos- 
session of  which  is  sought  to  be  recovei-ed,  is  situated,  and  service 
of  summons  may  be  had  by  notice  by  publication  in  the  manner 
required  by  law  in  cases  of  attachments  in  courts  of  record. 
When,  upon  the  complaint  of  any  defendant,  it  shall  be  made 
to  appear  to  the  municipal  court  in  any  district  that  the  suit 
has  been  improperly  brought  therein,  the  court  shall  not  be 
required  on  that  account  to  dismiss  the  suit,  if  the  municipal 
court  in  any  district  could  properly  have  jurisdiction  thereof, 
but  in  such  case  the  court  may  cause  such  suit  to  be  trans- 
ferred to  the  proper  district  and  the  court  in  the  district  to 
which  the  same   is  transferred  shall   proceed  therewith  as  if 


G86  PRACTICE    IN    THE    MUNICIPAL    COURT. 

the  same  had  been  originally  commenced  in  said  district:  Pro- 
vided, however,  that  the  court  may,  in  its  discretion,  require  the 
plaintiff  to  pay  the  costs  of  the  defendant  paid  by  him  prior 
to  such  transfer:  And,  provided  further,  that  whenever  a  trial 
by  jury  is  demanded  in  any  case,  whether  civil,  criminal  or 
quasi  criminal,  the  court  may,  in  its  discretion,  direct  the  trial 
of  said  case  to  be  had  in  the  first  district,  and  for  that  purpose 
may  cause  said  case  to  be  transferred  to  the  first  district,  to  be 
there  tried  and  disposed  of. 

NOTE. 

This  is  the  same  as  section  29  of  the  original  act,  with  a 
few  verbal  changes,  and  also  the  following: 

First:  It  provides  that  all  cases  of  the  fourth  class,  except- 
ing those  when  the  amount  claimed  by  the  plaintiff  does  not 
exceed  $200  exclusive  of  costs,  and  also  forcible  entry  and  de- 
tainer cases,  shall  be  commenced  in  the  first  district. 

Second:  It  also  provides  that  replevin  suits  and  cases  of 
distress  for  rent  may  be  brought  against  non-residents. 

SECTION  28. 

Section  28.  That  the  municipal  court  in  any  civil  suit  pend- 
ing therein,  at  any  time  before  the  trial  or  final  hearing  thereof, 
may  permit  the  filing  therein  of  interrogatories  to  be  answered 
by  any  party  to  such  suit  or  any  person  for  whose  immediate 
benefit  such  suit  is  prosecuted  or  defended,  or  bj^  the  directors, 
officers,  superintendent  or  managing  agents  of  any  corporation 
which  is  a  party  to  the  record  in  such  suit,  at  the  instance  of 
the  adverse  party  or  parties  or  any  of  them,  and  to  require 
an  answer  under  oath  to  all  such  interrogatories  as  the  j)arty 
to  be  interrogated  might  be  required  to  answer,  if  called  as  a 
witness  upon  the  trial  or  hearing  of  such  suit,  but  the  party 
filing  such  interrogatories  shall  not  be  concluded  by  the  an- 
swers thereto,  if  he  shall  elect  to  introduce  the  same  or  any  or 
either  of  them  upon  the  trial  or  final  hearing. 

note. 

This  section  is  the  same  as  section  32  of  the  original  act. 

SECTION  29. 

Section  29.  That  upon  the  trial  or  hearing  of  any  suit  in 
the  municipal  court  any  party  thereto,  or  any  person  for  whose 


APPENDIX,  687 

immediate  benefit  such  suit  is  prosecuted  or  defended,  or  the 
directors,  officers,  superintendent  or  managing  agents  of  any 
corporation  which  is  a  party  to  the  record  in  such  suit,  may 
be  examined  upon  the  trial  thereof  as  if  under  cross-examina- 
tion at  the  instance  of  the  adverse  party  or  parties  or  any  of 
them,  and  for  that  purpose  may  be  compelled,  in  the  same 
manner  and  subject  to  the  same  rules  for  examination  as  any 
other  witness,  to  testify,  but  the  party  calling  for  such  exami- 
nation shall  not  be  concluded  thereby,  but  may  rebut  the  tes- 
timony thus  given  by  counter  testimony. 

NOTE. 

This  section  is  the  same  as  section  33  of  the  original  act. 

SECTION  30. 

Section  30.  That  whenever  in  any  suit  pending  in  the  mu- 
nicipal court,  evidence  shall  be  necessary  concerning  any  fact 
in  support  of  or  in  opposition  to  any  interlocutory  or  othei* 
motion  or  application,  other  than  an  application  for  a  change 
of  venue,  the  court  may,  in  its  discretion,  require  such  evidence 
to  be  presented  by  the  oral  examination  of  witnesses  in  open 
court  or  otherwise,  and  may  make  all  necessary  orders  for  such 
oral  examination. 

NOTE. 

This  section  is  the  same  as  section  34  of  the  original  act. 
SECTION  31.   - 

Section  31.  That  any  judge  of  the  municipal  court  shall 
have  the  power  to  sign  or  otherwise  make  any  order  in  any  suit 
pending  in  the  municipal  court  at  any  place  within  the  city  of 
Chicago  whenever,  in  the  opinion  of  such  judge,  the  granting 
of  such  order  at  such  place  is  in  furtherance  of  justice,  and 
such  order  shall  be  as  effective  as  though  made  in  any  court 
room  of  said  court  or  in  the  chambers  of  said  judge;  Provided, 
however,  that,  after  the  defendant  shall  have  entered  his  ap- 
pearance, no  such  order  shall  be  made  at  any  other  place  than 
a  branch  court  of  the  district  in  which  said  suit  is  pending, 
without  reasonable  notice  to  the  parties. 

note. 

This  section  is  the  same  as  section  35  of  the  original  act,  ex- 


688  PRACTICE   IN   THE   MUNICIPAL   COURT. 

cept  that  it  provides  that  notice  of  the  order  is  necessary'  only; 
after  the  defendant  has  entered  his  appearance. 

SECTION  32. 

Section  32.  That  in  trials  by  jury  in  the  municipal  court, 
the  court  shall  charge  the  jury  as  to  the  law  only,  and  the 
charge  may,  in  the  discretion  of  the  court,  be  given  orally  or 
in  writing,  but,  when  given  orally,  it  shall  be  taken  down  in 
shorthand,  and  at  the  request  of  either  party  a  transcript  thereof 
shall  be  made  and  shall  be  signed  by  the  judge  and  filed  in 
the  cause  in  which  such  charge  is  given,  and  shall  be  made  a 
part  of  the  record  in  such  cause. 

NOTE. 

This  section  is  the  same  as  section  37  of  the  act  excepting  that 
it  requires  the  judge  to  sign  the  copy;  of  the  charge. 

SECTION  33. 

Section  33.  That  whenever  it  appears  in  any  bill  of  excep- 
tions signed  in  any  case  of  the  first  class  or  any  case  of  the 
second  class  or  any  case  of  the  third  class,  mentioned  in  sec- 
tion two  (2)  of  this  act,  tried  and  determined  in  the  municipal 
court,  that  any  erroneous  ruling  was  made  by  said  municipal 
court  against  the  objection  of  the  party  complaining  thereof, 
but  that  no  formal  exception  was  taken  by  such  party  thereto, 
such  erroneous  ruling  shall  be  subject  to  review  upon  appeal 
or  writ  of  error  to  the  same  extent  and  in  like  manner  as  if 
it  appeared  that  a  formal  exception  had  been  taken  thereto 
by  the  party  complaining,  and  no  bill  of  exceptions  shall  be 
held  defective  for  the  want  of  the  seal  of  the  judge  thereto.  A 
bill  of  exceptions  may  be  tendered  to  the  judge  at  any  time 
within  sixty  (60)  days  after  the  entry  of  a  final  order  or  judg- 
ment, or  within  such  further  time  thereafter  as  the  court,  upon 
application  made  therefor  within  such  sixty  (60)  days,  may 
allow.  Upon  the  prosecution  of  an  appeal  or  writ  of  error  to 
review  any  judgment  of  the  municipal  court,  in  any  such  case, 
the  original  bill  of  exceptions,  in  lieu  of  a  certified  copy  thereof, 
shall  be  inserted  in  the  transcript  of  the  record  to  be  filed  in 
the  supreme  court  or  appellate  court  upon  such  appeal  or  writ 
of  error,  unless  the  municipal  court  shall  otherwise  direct,  and 
upon  the  final  determination  of  such  appeal  or  writ  of  error 


APPENDIX.  689 

such  original  bill  of  exceptions  shall  be  remitted  to  the  mu- 
nicipal court. 

NOTE. 

This  is  the  same  as  section  38  of  the  original  act,  with  the 
addition  that  "a  bill  of  exceptions  may  be  tendered  to  the 
judge  at  any  time  within  60  days  after  the  entry  of  a  final  order 
or  judgment,  or  within  such  further  time  thereafter  as  the  court, 
upon  application  made  therefor  within  said  60  days,  may  allow. ' ' 

SECTION  34. 

Section  34.  That  no  application  for  a  change  of  venue  in 
any  case  of  the  fourth  class  or  in  any  case  of  the  fifth  class 
mentioned  in  section  two  (2)  of  this  act,  or  in  any  criminal 
case  punishable  by  fine  or  imprisonment  otherwise  than  in  the 
penitentiary,  on  account  of  the  prejudice  of  the  judge  shall  be 
allowed  by  the  municipal  court  when  the  applicant  names  in 
his  application  more  than  one  judge  from  whom  such  change 
of  venue  is  desired,  nor  unless  such  application  for  a  change 
of  venue  is  made  by  petition  as  in  like  cases  in  the  circuit 
courts,  and  such  petition  is  filed  at  or  before  the  time  of  the 
filing  or  entering  by  the  defendant  of  his  appearance  in  the 
suit  in  which  such  change  of  venue  is  asked  for,  if  such  suit 
is  a  civil  or  quasi  criminal  suit,  or  at  or  before  the  time  the 
defendant  is  required  to  plead  if  such  suit  is  a  criminal  suit, 
and  in  no  case  shall  the  granting  of  any  change  of  venue  delay 
the  trial  of  the  suit,  but  such  suit  shall  be  tried  and  disposed 
of  at  the  time  set  for  the  trial  thereof  or  at  the  time  to  which  the 
trial  thereof  may  be  postponed,  before  some  other  judge  of  the 
court  than  the  one  from  whom  the  change  of  venue  has  been 
granted,  or  in  any  other  district  in  which  the  same  may  be  or- 
dered to  be  tried,  and  all  orders  necessary  for  the  setting  of  such 
case  for  trial  and  for  the  securing  of  a  speedy  trial  thereof  may 
be  made  by  the  judge  from  whom  said  change  of  venue  has  been 
obtained. 

NOTE. 

This  section  is  the  same  as  section  39  of  the  original  act,  with 
the  insertion  of  the  words  "or  quasi  criminal"  in  the  phrase 
"if  such  suit  is  a  civil  or  quasi  criminal  suit." 
44 


690  PRACTICE   IN    THE    MUNICIPAL    COURT. 

SECTION  35. 

Section  35.  That  every  case  of  the  fourth  class  mentioned 
in  section  two  (2)  of  this  act,  excepting  attachment^  suits,  re- 
plevin suits,  cases  of  distress  for  rent,  and  forcible  entry  and 
detainer  suits,  brought  in  the  municipal  court,  shall  be  com- 
menced by  the  filing  by  the  plaintiff  with  the  clerk  of  a  prae- 
cipe for  a  summons,  specifying  the  names  of  the  parties  to  the 
suit,  the  amount  of  the  plaintiff's  claim  and  the  day  at  which 
the  summons  shall  be  made  returnable,  which  day  shall  not 
be  less  than  five  (5)  nor  more  than  fifteen  (15)  days  from  the 
filing  of  the  praecipe,  and  a  bill  of  particulars  of  the  plain- 
tiff''s  claim  which  bill  of  particulars,  if  the  suit  be  upon  a 
contract,  express  or  implied,  shall  consist  of  a  statement  of 
the  account  or  of  the  nature  of  the  demand,  or,  if  the  suit 
be  for  a  tort,  it  shall  consist  of  a  brief  statement  of  the  nature 
of  the  tort  and  such  further  information  as  will  reasonably  in- 
form the  defendant  of  the  nature  of  the  case  he  is  called  upon 
to  defend,  but  nothing  herein  contained  shall  be  construed  to 
require  the  bill  of  particulars  in  any  action  for  a  tort  to  set 
forth  the  cause  of  action  with  the  particularity  required  in  a 
declaration  at  common  law.  In  eases  of  the  fourth  class  men- 
tioned in  said  section  two  (2)  of  this  act,  the  municipal  court 
may  adopt  such  rules  and  regulations  as  it  may  deem  necessary 
to  enable  the  parties,  in  advance  of  the  trial,  to  ascertain  the 
nature  of  the  plaintiff's  claim  or  claims,  or  of  the  defendant's 
defense  or  defenses. 

NOTE, 

This  section  is  the  same  as  section  40  of  the  original  act,  so 
changed  as  to  omit  quasi  criminal  cases.  The  latter  are  dealt 
with  in  section  44  post. 

SECTION  36. 

Section  36.  That  upon  the  filing  of  such  praecipe  and  bill 
of  particulars  the  clerk  of  the  municipal  court  shall  issue  a 
summons  to  the  defendant  directed  to  the  bailiff  to  execute 
and  returnable  at  ten  o'clock  a.  m.  sharp  of  the  day  for  such 
return  specified  in  the  praecipe,  which  summons  shall  state  the 
amoimt  of  the  plaintiff" 's  claim  and  shall  be  attested  in  like 
manner  as  a  summons  issued  out  of  a  court  of  record.     Upon 


APPENDIX.  691 

every  such  summons  there  shall  be  printed  in  plain  type  the 
provisions  of  this  act  pertaining  to  defaults  in  case  of  the  non- 
appearance of  the  defendant,  and  setting  of  the  case  for  trial 
in  case  of  appearance,  and  such  further  information  as  may; 
be  prescribed  by  the  chief  justice. 

NOTE. 

This  section  is  the  same  as  section  41  of  the  original  act. 

SECTION  37. 

Section  37.  That  every  such  summons  issued  out  of  the 
mimicipal  court  shall  be  served,  if  the  defendant  be  an  indi- 
vidual, by  delivering  to  him  a  copy  thereof  and  informing  him 
of  its  contents,  or,  if  the  defendant  be  a  corporation,  service 
shall  be  made  upon  such  corporation  in  the  same  manner  as  is 
now  or  hereafter  may  be  provided  by  law  for  the  service  of 
process  upon  such  corporation  in  a  suit  at  law  when  issued  out 
of  a  circuit  court.  In  case  said  summons  shall  not  be  served 
upon  the  defendant  three  days  or  more  prior  to  the  return  day 
thereof  an  alias  summons  may  be  issued  and  a  subsequent 
pluries  summons  may  be  issued  in  any  case  when  a  previous 
alias  or  pluries  summons  shall  not  have  been  served  upon  the 
defendant  three  days  or  more  prior  to  the  return  day  fixed 
in  the  previous  simimons.  Service  of  such  alias  or  pluries  sum- 
mons shall  be  made  in  the  same  manner  as  that  above  provided 
for  the  service  of  the  original  summons. 

NOTE. 

This  section  is  the  same  as  section  42  of  the  original  act. 

SECTION  38. 

Section  38.  That  upon  the  return  of  any  such  summons  duly 
served  upon  the  defendant,  the  plaintifi:'  shall  be  entitled  to 
judgment  as  in  case  of  default,  unless  the  defendant  shall  either 
appear  in  person  at  the  time  specified  in  such  summons,  or  shall, 
at  or  before  the  time  fixed  in  such  summons  for  his  appearance, 
file  his  appearance  in  writing  in  said  municipal  court.  In  case 
any  defendant  appears  in  person  and  desires  to  make  defence 
to  the  suit,  the  court  shall  cause  him  to  sign  and  file  a  written 
appearance.    Upon  such  default  the  court  shall  assess  the  dam- 


692  PRACTICE    IN    TIIE   MUNICIP.iL    COURT, 

ages  after  hearing  such  evidence  as  the  court  may  deem  suf- 
ficient for  that  purpose.  In  case  the  defendant  shall  desire 
upon  the  trial  to  present  any  set-off  or  counter  claun,  he  shall 
file  a  bill  of  particulars  thereof  with  his  appearance;  provided, 
however,  the  court  may,  in  its  discretion,  extend  the  time  for 
the  filing  of  such  bill  of  particulars.  It  shall  be  the  duty  of  the 
court  at  ten  o'clock  a.  m.  sharp  of  each  day  upon  which  the 
court  is  open  for  business,  or  as  soon  thereafter  as  is  practicable, 
to  call  or  cause  to  be  called,  the  cases  in  which  the  summonses 
are  then  returnable  for  the  purpose  of  ascertaining  whether  the 
defendants  therein  have  appeared  in  person  or  have  entered 
their  appearances  in  writing,  and  to  give  or  cause  to  be  given 
such  directions  with  respect  to  such  appearances  as  the  court 
may  find  necessary  or  proper  for  the  information  of  the  parties.  ■ 

NOTE. 

This  section  is  the  same  as  section  43  of  the  original  act  with 
a  few  changes,  consisting  of  a  provision  that  when  a  defendant 
appears  in  person,  the  court  shall  cause  him  to  enter  his  ap- 
pearance in  writing,  and  two  other  verbal  changes. 

SECTION  39. 

Section  39.  That  the  clerk  of  the  municipal  court  shall  keep 
on  hand  and  furnish  to  suitors  and  attorneys  on  application 
printed  blank  forms  of  praecipes,  suuunonses,  entries  of  appear- 
ance, affidavits,  bonds,  attachment  writs,  replevin  writs,  peti- 
tions for  changes  of  venue,  and  all  other  papers  necessary  for 
the  use  of  the  parties  to  suits  in  such  court.  Forms  for  such 
papers  shall  be  prescribed  by  the  chief  justice  of  the  municipal 
court,  who  shall  also  from  time  to  time  prescribe  and  cause 
to  be  printed  forms  of  bills  of  particulars  to  be  used  in  said 
court. 

NOTE. 

This  section  is  the  same  as  section  44  of  the  original  act. 

SECTION  40. 

Section  40.  That  if,  in  any  case  of  the  fourth  class  or  in 
any  case  of  the  fifth  class  mentioned  in  said  section  two  (2) 
of  this  act,  brought  in  the  municipal  court,  the  defendant  shall 
appear  at  the  time   specified  in  the   siunmons   or  shall  have 


APPENDIX.  693 

entered  his  appearance  in  writing  at  or  before  the  time  so 
specified,  the  court  shall,  at  such  time,  or  as  soon  thereafter 
as  practicable,  fix  a  time  for  the  trial  thereof  and  such  case 
shall  be  tried  at  the  time  so  fixed  or  as  soon  thereafter  as  the 
other  business  of  the  court  will  permit. 

NOTE. 

This  section  is  the  same  as  section  45  of  the  original  act. 

SECTION  41. 

Section  41.  That  amendments  to  bills  of  particulars,  prae- 
cipes, summons  and  other  papers  filed  by  either  party  may,  in 
the  discretion  of  the  court,  be  allowed  at  any  time. 

note. 

This  section  is  the  same  as  section  46  of  the  original  act. 

SECTION  42. 

Section  42.  That  the  court  may  in  any  ease  of  the  fourth 
class  mentioned  in  section  two  (2)  of  this  act,  grant  such  post- 
ponements of  the  trial,  and  may  make  such  other  orders  in 
respect  thereto  as  the  court  may  deem  proper  and  necessary  for 
the  protection  of  the  rights  of  the  parties,  and  the  failure  of 
the  court  to  try  any  such  case  at  the  time  to  which  the  trial 
has  been  postponed  shall  not  operate  as  a  discontinuance,  but 
the  same  shall  remain  under  the  control  of  the  court  until  the 
final  disposition  thereof. 

note. 

This  section  is  the  same  as  section  47  of  the  original  act  with 
a  slight  change. 

SECTION  43. 

Section  43.  That  the  practice  and  proceedings  in  the  mu- 
nicipal court,  other  than  the  mode  of  trial  and  the  proceedings 
subsequent  to  trial,  in  cases  of  attachment,  replevin,  distress 
for  rent,  and  forcible  detainer,  included  within  the  cases  of  the 
fourth  class  mentioned  in  section  2  of  this  act,  shall  be  the 
same,  as  near  as  may  be,  as  that  which  is  now  prescribed  by 
law  for  similar  cases  in  courts  of  record  with  the  following  ex- 
ceptions : 


694  PRACTICE   IN    THE   ilUNlCIP.U.   COURT. 

First:  There  shall  be  no  written  pleadings,  excepting  such  as 
are  required  by  law  in  similar  cases  before  justices  of  the  peace, 
other  than  the  affidavits  in  attachment  and  replevin,  copies  of 
the  distress  warrant  in  cases  of  distress  for  rent,  the  complaint 
in  forcible  detainer,  and  such  other  written  pleadings  or  state- 
ments as  may  be  required  from  time  to  time  by  the  rules  or 
regulations  of  the  municipal  court,  and  the  A\Tit  and  summons 
shall  be  made  returnable,  and  shall  be  served  in  like  manner, 
as  the  summons  in  other  cases  of  such  class  in  the  municipal 
court. 

Second:  In  attachment  cases  the  defendant,  at  the  time  of 
his  appearing  in  person,  or  of  his  entering  his  appearance  in 
writing,  if  he  shall  desire  to  be  permitted  to  present  any  set-oft' 
or  counter  claim,  shall  file  a  bill  of  particulars  thereof. 

Third:  In  forcible  detainer  cases  the  plaintift'  may  unite  with 
his  claim  for  possession  of  the  property  any  claim  for  rent  or 
damages  for  withholding  possession  of  the  same. 

Fourth:  The  mode  of  trial  and  all  proceedings  subsequent 
to  the  trial  shall  be  the  same,  as  near  as  may  be,  as  in  other 
cases  of  the  fourth  class,  mentioned  in  section  two  of  this  act. 

NOTE. 

This  section  is  the  same  as  section  48  of  the  original  act  with 
the  following  changes: 

First:  Provision  is  made  that  the  writs  and  the  siunmons 
shall  be  served  in  the  same  way  as  the  summons  in  other  cases. 

Second:  The  claim  for  rent  may  be  any  amount  instead  of 
being  limited  to  $1,000. 

SECTION  44. 

Section  44.  That  the  practice  in  the  municipal  court  in  cases 
of  the  fifth  class  shall  be  the  same,  as  near  as  may  be,  as  therein 
prescribed  for  civil  cases  of  the  fourth  class  mentioned  in  sec- 
tion two  (2)  of  this  act  in  said  court,  excepting  as  follows: 

First:  If,  in  any  case,  the  defendant,  after  being  duly  served 
with  summons,  fails  to  appear  personally  at  the  times  specified 
in  the  summons,  or  to  enter  his  appearance  at  or  before  such 
time,  the  court  may  proceed  as  in  case  of  default,  or  may  issue 
a  warrant  for  the  arrest  of  the  defendant. 

Second:    When  the  facts  constituting  the  offense  complained 


APPENDIX.  695 

of  also  constitute,  in  whole  or  in  part,  a  violation  of  the  crimi- 
nal code,  the  court  may  issue  a  warrant  in  the  first  instance 
against  the  defendant,  upon  the  filing  by  some  person  of  a 
complaint  under  oath  that  the  offense  has  been  committed,  and 
that  the  complainant  has  just  and  reasonable  grounds  to  be- 
lieve that  the  defendant  committed  the  offense,  and  such  war- 
rant may  be  served  at  any  place  within  the  city  of  Chicago, 
if  the  court,  in  its  discretion,  shall  so  direct. 

Third:  A  warrant  may  be  issued  in  the  first  instance  upon 
the  affidavit  of  any  person  that  an  ordinance  has  been  violated, 
and  that  the  person  making  the  complaint  has  reasonable 
grounds  to  believe  that  the  party  charged  is  guilty  thereof  and 
will  escape  unless  arrested,  and  stating  the  facts  upon  which 
such  belief  is  based;  provided  the  judge  to  whom  application  is 
made  for  such  warrant  shall  be  satisfied,  after  examining,  or 
causing  to  be  examined,  under  oath  the  party  making  the  affi- 
davit, that  such  arrest  should  be  made ;  and  any  person  arrested 
upon  any  warrant  herein  provided  for  shall,  without  unneces- 
sary delay,  be  taken  before  the  court  to  which  such  warrant  is 
returnable  and  tried  for  the  alleged  offense,  and  such  warrant 
may  be  served  at  any  place  within  the  city  of  Chicago  if  the 
court,  in  its  discretion,  shall  so  direct. 

Fourth:  Any  police  officer  of  the  city  of  Chicago  may  arrest 
on  view  any  person  who  may  be  seen  by  such  police  officer  in 
the  act  of  violating,  within  the  city  of  Chicago,  any  ordinance 
of  said  city,  or  any  ordinance  of  any  municipal  corporation 
situated,  in  whole  or  in  part,  within  the  limits  of  said  city, 
whenever  such  violation  is,  by  such  ordinance,  made  punishable 
by  fine  or  otherwise.  Any  person  so  arrested  shall,  without 
unnecessary  delay,  be  taken  by  such  officer  to  some  convenient 
branch  of  the  municipal  court  and  such  police  officer  shall 
thereupon  make  and  file  a  complaint  in  writing  under  oath 
against  such  defendant  of  the  violation  by  such  defendant  of 
such  ordinance  and  such  defendant  shall  thereupon  be  dealt 
with  according  to  law  in  the  same  manner  as  if  he  had  been 
arrested  in  the  first  instance  under  a  warrant  lawfully  issued. 

NOTE. 

This  section  is  the  same  as  section  49  of  the  original  act  with 
a  few  verbal  changes  and  the  addition  of  clause  fourth. 


696  PRACTICE   IN    THE    MUNICIPAL   COURT. 

SECTION  45. 

Section  45.  That  upon  the  arrest  of  any  person  for  any 
criminal  or  quasi  criminal  offense  within  the  jurisdiction  of  the 
municipal  court  any  judge  of  the  municipal  court,  or  any  judge 
of  the  circuit  or  superior  court  of  Cook  county,  shall  have  power 
to  let  such  person  to  bail;  and  in  case  of  the  arrest  of  any  per- 
son for  any  quasi  criminal  offense,  or  for  any  offense  when  the 
punislunent  is  by  fine  or  imprisonment  otherwise  than  in  the 
penitentiary,  the  chief  of  police,  or  any  captain  or  lieutenant 
or  sergeant  of  police,  of  the  city  of  Chicago,  or  any  deputy 
clerk  designated  for  that  purpose  by  an  order  signed  by  a  ma- 
jority of  the  judges  of  the  municipal  court  shall  have  power 
to  let  such  person  to  bail.  The  bail  bond  in  any  such  case  shall 
be  conditioned  for  the  appearance  of  the  person  arrested  before 
some  b»anch  court  at  a  time  fixed  in  said  bond  for  such  appear- 
ance, which  time  shall  be  not  later  than  two  days  after  the  date 
of  the  bond.  Any  bond  so  taken,  shall  be  signed  by  one  or 
more  sureties  to  be  approved  by  such  judge  or  officer  who  shall 
be  authorized  and  required  to  administer  oaths  for  the  purpose 
of  ascertaining  the  sufficiency  of  the  sureties.  All  bonds  so 
taken  shall  be  filed  with  the  clerk  of  the  municipal  court  at  the 
branch  court  at  which  the  person  so  arrested  is  required  to 
appear.  The  exercise  of  the  power  hereby  conferred  of  letting 
to  bail  shall  be  subject  to  regulation  by  such  rules  as  may  be 
adopted  by  a  majority  of  the  judges  of  the  municipal  court  as 
herein  provided.  But  any  person  so  arrested  shall  have  the 
right  to  be  brought  immediately  before  the  municipal  court  in 
the  district  in  which  he  is  arrested,  or,  if  there  be  no  judge  then 
in  attendance  upon  such  court,  before  the  municipal  court  in  any 
other  district  at  which  there  may  be  then  a  judge  in  attendance, 
to  be  dealt  with  by  such  court  according  to  law.  The  court 
may,  by  rule,  provide  that  any  defendant  arrested  in  any  crim- 
inal case  in  which  the  punishment  is  by  fine,  or  imprisonment 
otherwise  than  in  the  penitentiary,  or  in  any  quasi  criminal 
case,  in  lieu  of  giving  bail  for  his  appearance,  may  deposit  with 
the  clerk  such  sum  of  money  as  the  court  may  deem  sufficient 
to  secure  his  appearance  at  the  time  or  times  fixed  therefor, 
such  sum  to  be  forfeited  and  paid  into  the  city  treasury  in  case 
such  defendant  shall  fail  to  appear  at  the  time  or  times  so  fixed : 


APPENDIX.  697 

provided,  Jiowever,  that  if,  upon  an  application  made  at  any 
time  within  thirty  days  after  such  forfeiture  such  defendant 
shall  prove  to  the  satisfaction  of  the  court  that  his  failure  to  so 
appear  was  the  result  of  serious  illness,  or  other  unavoidable 
accident,  the  court  may  by  order,  set  aside  such  forfeiture,  such 
deposit,  however,  to  be  retained  until  the  final  determination  of 
the  case,  and,  in  case  of  the  defendant 's  conviction,  to  be  applied, 
as  far  as  may  be  necessary,  to  the  payment  of  any  fine  or  costs 
adjudged  against  him. 

NOTE. 

This  section  is  the  same  as  section  50  of  the  original  act  with 
the  following  changes: 

First:  The  court  is  empowered  to  provide  for  cash  bail  in  all 
criminal  cases  punishable  by  fine  or  imprisonment  otherwise  than 
in  the  penitentiary,  instead  of  by  fine  only. 

Second:  Provision  is  made  that  when,  in  a  ease  where  cash 
bail  has  been  given,  there  has  been  a  forfeiture,  the  forfeiture 
may  be  set  aside  upon  a  showing  that  it  resulted  from  illness 
or  other  unavoidable  accident. 

Third:  Provision  is  also  made  that  bail  may  be  taken  by  "any 
deputy  clerk  designated  for  that  purpose  by  an  order  signed 
by  a  majority  of  the  judges  of  the  municipal  court." 

SECTION  46. 

Section  46.  That  the  practice  and  proceedings  in  the  mu- 
nicipal court  in  bastardy  cases  shall  be  as  follows : 

First:  Whenever  an  unmarried  woman,  who  shall  be  preg- 
nant or  delivered  of  a  child,  which  by  law  would  be  deemed 
a  bastard,  shall  file  in  the  municipal  court,  if  she  be  pregnant 
or  so  delivered  in  the  city  of  Chicago,  or  the  person  accused 
be  found  in  said  city  of  Chicago,  her  complaint  in  writing  under 
oath  or  affirmation  accusing  a  person  of  being  the  father  of 
such  child,  the  court  shall  order  a  warrant  to  issue  against  the 
person  so  accused  and  cause  him  to  be  brought  forthwith  before 
the  court. 

Second:  Such  warrant  shall  be  issued  to  the  bailiff  and  to 
all  sheriffs,  coroners  and  constables  in  the  State  of  Illinois  and 
may  be  executed  by  any  officer  in  any  county. 


698  PRACTICE   IN   THE   MUNICIPAL    COURT. 

Third:  If,  upon  his  appearance,  the  defendant  denies  the 
charge,  the  court  shall  cause  an  issue  to  be  made  up  whether 
the  person  charged  as  aforesaid  is  the  real  father  of  the  child 
or  not,  which  issue  shall  be  tried  by  a  jury,  unless  the  party 
shall  elect  to  waive  a  trial  by  jury,  in  which  case  the  issue  shall 
be  tried  by  the  court  without  a  jury. 

Fourth:  Pending  the  trial  of  such  issue  and  the  final  dispo- 
sition of  the  matter,  the  court  shall  require  the  defendant  to 
enter  into  a  recognizance,  in  such  an  amount  and  with  such 
sureties  as  the  court  may  deem  just,  for  the  appearance  of  the 
defendant  from  day  to  day  until  the  entry  of  the  final  judgment. 

Fifth:  All  further  proceedings  in  the  case  shall  be  the  same, 
as  near  as  may  be,  as  are  provided  by  law  for  similar  cases  in 
the  criminal  court  of  Cook  county. 

Sixth:  The  practice  in  cases  of  appeals  from  and  writs  of 
error  to  the  municipal  court  in  bastardy  cases  shall  be  the  same, 
as  near  as  may  be,  as  is  in  this  act  provided  for  cases  of  the  first 
class,  such  appeals  to  be  taken  and  such  writs  of  error  to  be 
sued  out  from  the  appellate  court  of  the  first  district. 

Seventh:  The  costs  in  such  cases  shall  be  the  same  as  pro- 
vided by  this  act  for  other  quasi  criminal  cases  in  the  municipal 
court. 

NOTE. 

This  section  is  entirely  new.  In  the  original  act  no  provision 
was  made  for  bastardy  cases. 

SECTION  47. 

Section  47.  That  the  practice  in  the  municipal  court  in  pro- 
ceedings to  prevent  the  commission  of  crimes  shall  be  the  same, 
as  near  as  may  be,  as  is  now  provided  by  law  for  similar  pro- 
ceedings before  judges  of  courts  of  record  and  justices  of  the 
peace,  with  the  following  exceptions : 

First:  The  complaint  shall  be  filed  with  the  clerk  of  the  mu- 
nicipal court  who,  when  so  ordered  by  the  court,  shall  issue  a 
warrant  to  the  bailiff  requiring  him  to  forthwith  apprehend 
the  person  complained  of  and  bring  him  before  the  court. 

Second:  All  proceedings  in  such  cases  shall  be  proceedings 
in  court,  instead  of  proceedings  before  a  judge  thereof,  and  all 
orders  entered  in  such  proceedings  shall  be  orders  of  court,  in- 


APPENDIX.  (J99 

stead  of  orders  of  a  judge  thereof  and  shall  be  entered  of  record 
as  orders  in  other  cases. 

Third:  Eecognizance  may  be  taken  in  open  court  and  when 
so  taken  shall  have  the  same  force  and  effect,  and  be  enforced 
in  the  same  manner,  as  recog:nizances  in  other  cases  taken  in 
open  court. 

Fourth:  No  appeal  shall  be  allowed  from  any  order  in  such 
cases  to  the  criminal  court  of  Cook  county,  but  all  orders  of 
the  court  may  be  reviewed  by  writ  of  error  sued  out  of  the 
appellate  court  of  the  first  district.  The  practice  in  writs  of 
error  in  such  cases  shall  be  the  same,  as  near  as  may  be,  as  that 
provided  for  by  this  act  for  wi-its  of  error  in  cases  of  the  first 
class. 

NOTE. 

This  section  is  entirely  new.  The  subject  matter  of  it  was 
not  expressly  provided  for  by  the  original  act. 

SECTION  48. 

Section  48.  That  the  practice  in  all  proceedings  in  the  mu- 
nicipal court  for  the  arrest,  examination,  commitment  and  bail 
of  persons  charged  with  criminal  offenses  shall  be  the  same,  as 
near  as  may  be,  as  is  provided  by  law  for  similar  proceedings 
before  judges  of  courts  of  record  and  justices  of  the  peace,  with 
the  following  exceptions: 

First:  The  complaint  shall  be  filed  with  the  clerk  of  the 
municipal  coui't,  who,  when  so  ordered  by  the  court,  shall  issue 
the  warrant,  which  shall  be  directed  to  the  bailiff  and  to  all 
sheriffs,  coroners  and  constables  within  this  state  and  shall 
require  the  officer  to  whom  it  is  directed  to  forthwith  take  the 
person  of  the  accused  and  bring  him  before  the  court,  and  all 
proceedings  in  the  case  shall  be  proceedings  in  court  instead  of 
proceedings  before  a  judge  thereof  and  all  orders  entered  in 
such  proceedings  shall  be  orders  of  court  instead  of  orders  of 
a  judge  thereof,  and  shall  be  entered  of  record  as  orders  in  other 
cases. 

Second:     All  recognizances  may  be  taken  in  open  court,  in 
,     which  case  they  shall  have  the  same  force  and  effect  as  recog- 
nizances in  other  cases  taken  in  open  court. 


700  PRACTICE   IN   THE   MUNICIPAL    COURT. 

Third:  Upon  the  hearing  the  court  may,  in  its  discretion^ 
cause  the  testimony  of  the  witnesses  to  be  taken  down  in  short- 
hand and  transcribed  and,  when  so  transcribed,  it  may  be  cer- 
tified by  the  judge  and  transmitted  to  the  clerk  of  the  criminal 
court  and,  when  so  certified  and  transmitted,  it  may  be  pre- 
sented to  the  grand  jury  and  be  given  the  same  force  and  effect 
by  the  grand  jury  as  if  the  witnesses  had  appeared  before  the 
grand  jury  and  orally  testified. 

NOTE. 

This  section  is  entirely  new.  The  subject  matter  of  it  was 
not  expressly  mentioned  in  the  original  act. 

SECTION  49. 

Section  49.  That  the  practice  in  the  municipal  court  in  pro- 
ceedings pertaining  to  search  warrants  shall  be  the  same,  as 
near  as  may  be,  as  that  provided  by  law  for  similar  proceedings 
before  judges  of  courts  of  record  and  justices  of  the  peace 
with  the  following  exceptions : 

First:  The  complaint  shall  be  filed  with  the  clerk  of  the  mu- 
nicipal court,  who,  when  so  ordered  by  the  court,  shall  issue 
the  warrant,  which  shall  be  directed  to  the  bailiff  or  to  the 
sheriff  or  to  any  constable  of  the  county  commanding  such 
officer  to  search  either  in  the  day  time  or  the  night  time  the 
house  or  place  where  the  stolen  property  or  other  things  for 
which  he  is  required  to  search  are  believed  to  be  concealed 
(which  place  and  property  or  things  to  be  searched  for  shall 
be  particularly  designated  and  described  in  the  warrant)  and 
to  bring  such  stolen  property  or  other  thing,  when  found,  and 
the  person  in  whose  possession  they  are  found,  before  the  mu- 
nicipal court. 

Second:  That  all  proceedings  in  such  cases  shall  be  proceed- 
ings in  court  instead  of  proceedings  before  a  judge  thereof, 
and  all  orders  entered  in  such  proceedings  shall  be  orders  of 
the  court  instead  of  orders  of  a  judge  thereof  and  shall  be 
entered  of  record  as  orders  in  other  cases. 

NOTE. 

This  section  is  entirely  new.  The  subject  matter  of  it  was 
not  expressly  mentioned  in  the  original  act. 


APPENDIX.  701 

SECTION  50. 

Section  50.  That  both  in  direct  and  in  collateral  proceed- 
ings the  same  presumptions  shall  be  indulged  with  respect  to  the 
jurisdiction  of  the  municipal  court  over  the  subject  matter  of 
suits  and  over  the  parties  thereto,  as  are  indulged  with  respect 
to  the  jurisdiction  of  circuit  courts  in  like  cases. 

NOTE. 

This  section  is  the  same  as  section  52  of  the  original  act. 
SECTION  51. 

Section  51.  That  if  the  method  of  procedure  in  any  case 
within  the  jurisdiction  of  the  municipal  court  is  not  sufficiently 
prescribed  by  this  act,  or  by  any  rule  of  court  adopted  in  pur- 
suance hereof,  the  court  may  make  such  provision  for  the  con- 
ducting and  disposing  of  the  same  as  may  appear  to  the  court 
proper  for  the  just  determination  of  the  rights  of  the  parties. 

NOTE. 

This  section  is  the  same  as  section  51  of  the  original  act  ex- 
cepting that  a  few  words  are  stricken  out  that  were  regarded 
as  surplusage. 

SECTION  52. 

Section  52.  That  any  money  judgment  rendered  by  the  mu- 
nicipal court,  when  no  execution  issued  thereon  is  outstanding, 
may  be  satisfied  by  the  payment  by  the  party  against  whom  the 
same  has  been  rendered  of  the  amount  thereof  to  the  clerk 
of  said  court,  who,  upon  payment  being  made,  shall  enter 
satisfaction  thereof  and  shall,  upon  demand,  pay  over  the  money 
received  by  him  to  the  person  appearing  of  record  to  be  entitled 
thereto. 

note. 

This  section  is  the  same  as  section  53  of  the  original  act. 

SECTION  53. 

Section  53.  That  the  municipal  court  shall  take  judicial  no- 
tice of  all  matters  of  which  courts  of  general  jurisdiction  of  this 
state  are  required  to  take  judicial  notice,  and  also  of  the  fol- 
lowing : 


702  PRACTICE    IN    THE    MUNICIPAL    COURT. 

1.  All  general  ordinances  of  the  city  of  Chicajio  and  all 
general  ordinances  of  every  municipal  corporation  situated  in 
whole  or  in  part  within  the  limits  of  the  city  of  Chicago. 

2.  All  laws  of  a  public  nature  enacted  by  any  state  or  ter- 
ritory of  the  United  States. 

NOTE. 

This  section  is  the  same  as  section  54  of  the  original  act. 
SECTION  54. 

Section  54.  That  the  masters  in  chancery  of  the  circuit 
and  superior  cotirts  of  Cook  county  shall  be  ex  officio  masters 
in  chancery  of  the  municipal  court. 

NOTE. 

This  section  is  the  same  as  section  55  of  the  original  act. 

SECTION  55. 

Section  55.  That  the  costs  in  civil  cases  in  the  municipal 
court  shall  be  as  follows: 

First:  In  a  case  of  the  first  class  mentioned  in  section  two 
-(2)  of  this  act  the  plaintiff  at  the  time  of  commencing  his  suit 
shall  pay  to  the  clerk  in  full  for  all  services  to  be  rendered  by 
said  clerk  for  the  plaintiff  in  said  suit  other  than  the  making 
or  furnishing  of  transcripts  of  the  record,  the  siun  of  eight 
dollars  ($8.00),  and  if  he  at  the  same  time  files  with  the  clerk 
a  demand  in  writing  of  a  trial  by  jury  he  shall  pay  to  the  clerk 
the  further  sum  of  six  dollars  ($6.00)  to  be  applied  towards 
the  pajTnent  of  the  fees  of  jurors  in  said  court. 

Second:  In  a  case  of  the  second  class  mentioned  in  section 
two  (2)  of  this  act  the  plaintiff',  at  the  time  of  the  filing  of  the 
transcript  of  the  record  in  the  municipal  court,  shall  pay  to  the 
clerk  in  full  for  all  services  to  be  rendered  by  said  clerk  for 
the  plaintiff  in  said  suit  other  than  the  making  or  furnishing 
of  transcripts  of  the  record,  the  sum  of  one  dollar  ($1.00),  and 
if  he  at  the  time  of  entering  his  appearance  files  with  the  clerk 
a  demand  in  writing  of  a  trial  by  jury,  he  shall  pay  to  the  clerk 
the  further  sum  of  six  dollars  ($6.00)  to  be  applied  towards 
the  payment  of  the  fees  of  the  jurors  in  said  court. 

Third:     In  any  case  of  the  first  class  mentioned  in  section 


xU^PENDIX.  703 

two  (2)  of  this  act  the  defendant  at  the  time  of  filing  his  ap- 
pearance, and  before  he  shall  he  permitted  to  make  any  de- 
fense, shall  pay  to  the  clerk  in  full  for  all  services  to  be  ren- 
dered by  said  clerk  for  the  defendant  in  said  suit,  other  than 
the  making  or  furnishing  of  transcripts  of  the  record,  the  sum 
of  five  dollars  ($5.00),  and  if  such  defendant,  or  any  defendant 
in  a  suit  of  the  second  class,  shall,  at  the  time  of  entering  his 
appearance,  also  file  with  the  clerk  a  demand  in  writing  of  a 
trial  by  jury,  he  shall  pay  to  the  clerk  the  further  sum  of  six 
dollars  ($6.00)  to  be  applied  towards  the  payment  of  the  fees 
of  the  jurors  in  said  court. 

Fourth:  In  any  case  of  the  fourth  class  mentioned  in  section 
two  (2)  of  this  act,  the  plaintiff,  at  the  time  of  commencing  his 
suit  shall  pay  to  the  clerk  in  full  for  all  services  to  be  rendered 
by  said  clerk,  if  such  case  be  other  than  an  action  of  forcible 
detainer,  the  sum  of  two  dollars  ($2.00)  when  the  amount 
claimed  by  him  in  money  or  property  does  not  exceed  two  hun- 
dred dollars  ($200),  the  sum  of  five  dollars  ($5.00)  when  the 
amount  claimed  by  him  in  money  or  property  exceeds  two  hun- 
dred dollars  ($200)  but  does  not  exceed  one  thousand  dollars 
($1,000),  and  the  sum  of  two  dollars  ($2.00)  in  a  case  of  forcible 
detainer,  and  if  the  plaintiff  at  the  time  he  commences  his  suit 
files  with  the  clerk  a  demand  in  writing  of  a  trial  by  jury,  he 
shall  pay  to  the  clerk  the  further  sum  of  six  dollars  ($6.00)  to 
be  applied  towards  the  payment  of  the  fees  of  jurors  in  said 
court. 

Fifth:  In  any  case  of  the  fourth  class  mentioned  in  section 
two  (2)  of  this  act  the  defendant,  at  the  time  of  his  appearance, 
shall  pay  to  the  clerk  in  full  for  services  to  be  rendered  by 
said  clerk,  if  the  suit  be  other  than  an  action  of  forcible 
detainer,  the  sum  of  two  dollars  ($2)  when  the  amount  claimed 
by  the  plaintiff  in  money  or  property  exceeds  two  hundred  dol- 
lars ($200),  and  if  the  defendant  shall  at  the  same  time  file  with 
the  clerk  a  demand  in  writing  of  a  trial  by  jury  he  shall  pay  to 
the  clerk  the  further  sum  of  six  dollars  ($6.00)  to  be  applied 
towards  the  payment  of  the  fees  of  jurors  in  said  court. 

Sixth:  The  costs  to  be  paid  for  the  services  of  the  bailiff  and 
of  sheriffs  and  other  costs  not  included  in  the  above  in  cases 
of  the  first  class  and  in  cases  of  the  second  class  mentioned  in 


704  PRACTICE    IN    TUE    MUNICIP^VL    COURT. 

section  two  (2)  of  this  act  shall  be  the  same  as  those  required 
by  law  from  time  to  time  to  be  paid  for  similar  services  in  cases 
in  the  circuit  court  of  Cook  county. 

Seventh:  In  any  case  of  the  fourth  class  mentioned  in  sec- 
tion two  (2)  of  this  act  the  party  delivering  to  the  bailiff  any 
summons,  writ  of  attachment,  writ  of  replevin,  subpoena,  writ 
of  execution  or  other  process  shall  at  the  time  of  making  such 
delivery  pay  to  the  bailiff  the  sum  of  one  dollar  ($1.00)  for 
each  defendant  named  in  such  process  upon  whom  service 
thereof  is  to  be  made,  and  in  cases  of  writs  of  attachment,  re- 
plevin or  execution,  he  shall  pay  to  the  bailiff  the  further  sum 
of  one  dollar  ($1.00),  when  any  levy  upon  or  seizure  of  property 
is  to  be  made  thereunder,  and  shall  also  pay  to  the  bailiff  the 
actual  expense  of  seizing  or  caring  for  any  property  levied 
upon  or  seized  thereunder. 

Eighth:  In  any  case  of  the  fourth  class  mentioned  in  section 
two  (2)  of  this  act,  the  party  procuring  any  certified  copy  of 
the  record  or  of  any  portion  thereof  in  any  case  shall  pay  to 
the  clerk  the  same  fees  required  by  law  from  time  to  time  to 
be  paid  to  the  clerk  of  the  circuit  court  of  Cook  county  for  sim- 
ilar services. 

Ninth:  In  any  case  of  the  fourth  class  mentioned  in  section 
two  (2)  of  this  act  the  bailiff,  as  commissions  on  moneys  realized 
by  execution,  shall  collect  from  the  defendant  in  the  execution 
five  (5)  per  cent,  upon  the  amount  realized,  if  it  do  not  exceed 
one  hundred  dollars  ($100),  but  if  the  amount  realized  exceeds 
one  hundred  dollars  ($100)  the  bailiff  shall  collect  five  (5)  per 
■cent,  on  the  first  one  hundred  dollars  ($100)  and  three  (3) 
per  cent,  upon  the  excess  over  one  hundred  dollars  ($100). 

Tenth:  All  other  costs  not  herein  expressly  provided  for  shall 
be  the  same  as  the  costs  provided  by  law  in  cases  in  the  circuit 
court  of  Cook  county,  and  all  costs  shall  be  taxed  in  favor  of  the 
successful  party  and  against  the  unsuccessful  party  in  the  same 
way,  and  to  the  same  extent,  as  costs  in  similar  cases  are  taxed 
in  the  circuit  court  of  Cook  county,  unless  the  court  shall  other- 
wise direct. 

In  any  case  included  within  the  terms  of  this  section  the  court 
may,  in  its  discretion,  order  that  an  advance  payment  of  costs 
may  be  waived  in  favor  of  any  poor  person  whose  financial  cir- 


APPENDIX.  .  705 

cumstances,  as  made  to  appear  to  the  court,  are  such  that  such 
advance  payment  would  be  unduly  burdensome  or  oppressive. 

SECTION  56. 

Section  56.  That  the  costs  in  criminal  and  in  quasi  criminal 
cases  and  proceedings  in  the  municipal  court,  instituted  in  the 
name  or  by  the  authority  of  the  people  or  in  the  name  of  any 
state  or  county  officer  in  his  official  capacity,  or  by  any  municipal 
corporation  other  than  the  city  of  Chicago,  shall  be  as  follows: 

First:  The  clerk's  fees  in  full  for  all  services  rendered  by 
him  shall  be  the  sum  of  six  dollars  ($6). 

Second:  The  bailiff's  fees  shall  be  the  same  as  those  which 
may  now  or  hereafter  be  fixed  by  law  for  the  sheriff  in  counties 
of  the  third  class  for  similar  services. 

No  defendant  in  any  such  case  shall  be  required  to  pay  any 
advance  costs  of  any  kind  or  character,  but  in  case  of  final 
judgment  being  entered  against  him  all  the  costs  of  the  suit 
may,  in  the  discretion  of  the  court,  be  awarded  against  him  and 
collected  by  execution  or  otherwise  as  the  court  may  direct,  and 
when  so  collected  shall  be  paid  into  the  city  treasury. 

All  moneys  collected  upon  judgments  of  the  municipal  court 
in  criminal  cases  shall  be  paid  to  the  clerk,  who  shall,  at  the 
end  of  each  week  pay  the  same  into  the  city  treasury. 

SECTION  57. 

Section  57.  That  the  costs  in  quasi  criminal  cases  in  the 
municipal  court  instituted  in  the  name  of  the  city  of  Chicago 
or  in  the  name  of  any  officer  thereof  in  his  official  capacity, 
shall  be  as  follows : 

First:  The  clerk's  fees  in  full  for  all  services  rendered  by  him 
shall  be  the  sum  of  six  dollars  ($6). 

Second:  The  bailiff's  fees  shall  be  the  same  as  those  which 
may  now  or  hereafter  be  fixed  by  law  for  the  sheriff  in  counties 
of  the  third  class  for  similar  services. 

No  defendant  in  any  such  case  shall  be  required  to  pay  any 
advance  costs  of  any  kind  or  character,  but  in  case  of  final  judg- 
ment being  entered  against  him  all  the  costs  of  the  suit  may, 
in  the  discretion  of  the  court,  be  awarded  against  him  and  col- 
45 


706  PRACTICE   IN    THE    MUNICIP^VL    COURT. 

lected  by  execution  or  otherwise  as  the  court  may  direct  and 
when  so  collected  shall  be  paid  into  the  city  treasury. 

All  moneys  collected  upon  judgments  of  the  municipal  court 
in  eases  for  the  violation  of  municipal  ordinances  shall  be  paid 
to  the  clerk,  who  shall,  within  one  week  after  receiving  the 
same,  pay  over  to  the  city  of  Chicago  all  moneys  so  collected 
upon  judgments  in  its  favor,  and  to  each  other  municipal  cor- 
poration situated,  in  whole  or  in  part,  within  the  limits  of  the 
city  of  Chicago,  all  fines  and  penalties  so  collected  upon  judg- 
ments in  favor  of  such  municipal  corporation. 

The  provisions  of  this  act  as  to  costs  may,  upon  the  recom- 
mendation of  a  majority  of  the  judges  of  the  municipal  court, 
from  time  to  time,  be  changed  and  regulated  by  ordinances 
passed  by  the  city  council  of  the  city  of  Chicago, 

NOTE. 

Sections  55,  56  and  57  are  the  same  as  sections  56,  57  and  58 
of  the  original  act,  with  the  following  changes : 

First:  Certain  verbal  changes  are  made  which  need  not  be 
specially  mentioned. 

Second:  Provision  is  made  that  all  costs  not  expressly  pro- 
vided for  in  civil  cases  are  to  be  the  same  as  those  in  the  circuit 
court,  and  all  costs  are  to  be  taxed  in  favor  of  the  successful 
party,  and  against  the  unsuccessful  party,  the  same  as  in  the 
circuit  court,  unless  the  court  otherwise  directs. 

Third:  Provision  is  made  that  in  criminal  and  in  quasi  crim- 
inal cases  no  defendant  shall  be  required  to  pay  any  advance 
costs  of  any  kind  or  character,  but  that  in  case  final  judgment 
be  entered  against  him,  all  the  costs  of  the  suit  may,  in  the 
discretion  of  the  court,  be  awarded  against  him  and  be  col- 
lected by  execution  or  otherwise. 

Fourth:  Provision  is  made  that  all  fines  in  criminal  cases  are 
to  be  paid  to  the  clerk,  who  shall,  at  the  end  of  each  week,  pay 
them  into  the  city  treasury,  instead  of  their  being  paid  over 
to  other  officers  as  provided  by  section  57  of  the  original  act. 

Fifth:,  Provision  is  made  that  all  fines  for  the  violation  of 
municipal  ordinances  are  to  be  paid  to  the  clerk,  who,  within  a 
w^eek  after  receiving  them,  is  to  pay  to  the  city  all  fines  collected 
for  the  violation  of  its  ordinances,  and  to  each  other  municipal 


APPENDIX.  707 

corporation  all  fines  collected  for  the  violation  of  the  ordinances 
of  such  corporation. 

Sixth:  Provision  is  made  that  upon  the  recommendation  of  a 
majority  of  the  judges,  the  city  council  may,  by  ordinances, 
change  and  regulate  costs  in  the  municipal  court. 

SECTION  58. 

Section  58.  That  the  clerk  and  each  deputy  clerk  shall  col- 
lect for  the  acknowledgment  and  entering  of  memoranda  of  chat- 
tel mortgages  and  for  the  acknowledgment  of  other  written 
instruments  the  same  fees  allowed  by  law  to  justices  of  the 
peace  for  similar  services  and  the  fees  so  collected  and  all  costs 
collected  in  each  week  by  the  clerk  and  bailiff  shall  be  paid 
over  by  them  respectively  to  the  city  of  Chicago  on  the  Monday 
of  the  succeeding  week,  and  the  clerk  and  bailiff  shall  be  held 
personally  responsible  for  all  costs  required  to  be  paid  to  them 
in  advance  as  hereinbefore  provided,  and  the  clerk  shall  be  per- 
sonally responsible  for  all  fees  required  as  aforesaid  to  be  col- 
lected by  him  and  by  each  deputy  clerk.  The  clerk  and  the 
bailiff  shall  be  required  to  keep  complete  and  accurate  accounts 
of  all  moneys  collected  by  them  and  by  their  respective  depu- 
ties, and  such  accounts  shall,  under  the  direction  of  the  chief 
justice  of  said  municipal  court,  be  examined  and  audited 
monthly,  the  expense  thereof  to  be  paid  by  the  city. 

NOTE. 

This  section  is  the  same  as  section  59  of  the  original  act. 
SECTION  59. 

Section  59.  That  it  shall  be  the  duty  of  the  judges  of  the 
municipal  court  to  cause  to  be  organized  and  conducted,  under 
the  supervision  of  the  judges,  a  bureau  or  department  of  said 
court  to  be  known  as  a  bureau  of  justice,  the  purpose  of  which 
shall  be,  first,  to  investigate  claims  of  poor  persons  whose  finan- 
cial circumstances  are  such  that  the  advance  paj^ment  of  costs 
would  be  to  them  unduly  burdensome  or  oppressive  and  who 
may  be  unable  to  secure  the  services  of  competent  lawyers,  sec- 
ond, to  assist  in  the  prosecution  of  all  such  claims  as,  upon 
investigation,  may  seem  to  be  meritorious  and  which  cannot  be 
fairly  adjusted  by  negotiation,  third,  to  investigate  cases  of  poor 


708  PRACTICE    IN    THE    MUNICIPAL    COURT. 

persons  who  may  be  charged  with  criminal  or  quasi  crhuinaj 
offenses,  and  to  secure  to  such  persons  fair  and  impartial  trials, 
and  fourth,  generally  to  aid  in  securing  justice  in  said  court 
for  all  persons  who,  because  of  their  financial  circumstances  or 
otherwise,  are  unable  to  properly  protect  themselves. 

NOTE. 

This  section  is  entirely  new.  It  is  intended  to  supplement  the 
concluding  provision  of  section  55,  supra,  and  to  give  practical 
effect  to  section  5  of  chapter  33  of  the  Revised  Statutes,  (Hurd's 
R.  S.  of  1905,  par.  5,  p.  555),  which  authorizes  "any  court" 
to  permit  a  poor  person  to  prosecute  a  suit  without  payment 
of  costs,  and  to  assign  him  counsel  to  act  without  "fees,  charge 
or  reward." 

SECTION  60. 

Section  60.  That  the  offices  of  justices  of  the  peace,  police 
magistrates  and  constables  in  and  for  the  territory  within  the 
city  of  Chicago  be  and  they  are  hereby  abolished,  and  that 
the  jurisdiction  of  justices  of  the  peace  in  the  territory  of  the 
county  of  Cook  outside  of  the  city  of  Chicago  be  and  it  is  hereby 
'limited  to  the  territory  of  said  county  outside  of  said  city,  but 
this  section  of  this  act  shall  not  become  operative  until  the  first 
Monday  of  December,  A.  D.  1906,  and  on  and  after  said  date 
the  jurisdiction  hereby  conferred  upon  the  municipal  court 
shall  exclude  the  exercise  of  any  portion  of  such  jurisdiction  by 
all  other  courts  excepting  courts  of  record,  and  on  and  after 
said  first  Monday  of  December,  A.  D.  1906,  no  other  court  than 
a  court  of  record  shall  exercise  jurisdiction  in  any  case  in  which 
said  municipal  court  is  given  jurisdiction  by  this  act. 

NOTE. 

This  section  is  the  same  as  section  60  of  the  original  act. 

SECTION  61. 

Section  61.  That  when  the  offices  of  justices  of  the  peace 
within  the  city  of  Chicago  shall  be  abolished  the  docket  of  each 
justice  of  the  peace  whose  office  is  thus  abolished  and  all  papers 
in  his  possession  pertaining  to  proceedings  had  before  him  shall 
be  forthwith  delivered  up  to  the  clerk  of  the  municipal  court. 


APPENDIX,  709 

who  shall  preserve  the  same  in  his  office  kept  in  the  first  district 
and  who  shall  have  as  full  power  and  authority  to  certify  to 
transcripts  of  such  proceedings  as  such  justice  of  the  peace 
would  have  had,  had  the  office  not  been  abolished.  Executions 
may  be  issued  by  the  clerk  of  said  court  upon  any  unsatisfied 
judgments  rendered  by  such  justice  of  the  peace  in  all  cases  in 
which  the  same  might  have  been  issued  had  such  office  of  justice 
of  the  peace  not  been  abolished,  and  said  municipal  court  shall 
allow  an  appeal  to  the  circuit  or  superior  court  of  Cook  county 
from  any  judgment  rendered  by  any  justice  of  the  peace  within 
twenty  (20)  days  prior  to  the  first  Monday  of  December,  A. 
D.  1906,  upon  the  giving  by  the  appellant  of  an  appeal  bond 
with  security  as  now  required  by  law  in  cases  of  appeals  from 
justices  of  the  peace,  provided  such  appeal  is  prayed  at  any 
time  within  twenty  (20)  days  after  the  first  Monday  of  Decem- 
ber, A.  D.  1906.  In  all  cases  not  determined  or  finally  disposed 
of  by  such  justice  of  the  peace  at  the  time  his  office  is  abolished, 
such  proceedings  shall  be  had  in  said  municipal  court  as  might 
be  had  were  such  suits  originally  brought  in  said  court,  but  no 
trial  of  any  such  case  shall  be  had  in  such  court  without  such 
notice  to  the  parties  thereto  as  the  court  may  deem  necessary. 
All  writs  issued  by  justices  of  the  peace  within  the  city  of 
Chicago  and  which  shall  not  have  been  returned  on  the 
first  Monday  of  December,  A.  D.  1906,  shall  be  forthwith  re- 
turned to  the  municipal  court,  and  said  mimicipal  court  shall 
have  full  power  to  make  such  provision  for  the  execution  or 
other  disposition  of  all  such  writs  as  said  court  may  deem  proper 
for  the  protection  of  the  rights  of  the  respective  parties  to  the 
suits  in  which  such  writs  have  been  issued. 

NOTE. 

This  section  is  the  same  as  section  61  of  the  original  act. 

SECTION  62. 

Section  62.  That  it  shall  be  the  duty  of  the  chief  justice  of 
the  municipal  court  to  superintend  the  keeping  of  the  records 
of  said  court  and  to  prescribe  abbreviated  forms  of  entries 
therein,  excepting  in  suits  of  equity,  which  abbreviated  forms 
so  prescribed  shall  have  the  same  force  and  effect  as  if  such 
entries  were  ^vl'itten  out  in  full  in  the  forms  heretofore  in  use 


710  PRACTICE    IN    THE    MUNICIPAL    COURT. 

in  other  courts  of  record.  "When  any  certified  transcript  of  the 
record  of  any  suit  or  proceeding,  or  any  portion  thereof,  is  re- 
quired for  use  in  any  other  state  than  Illinois,  or  in  any  ter- 
ritory of  the  United  States,  or  in  any  foreign  country,  the  same 
shall  be  written  out  in  full  from  such  abbreviated  forms  and 
duly  authenticated  according  to  law.  All  courts  of  this  state 
shall  take  judicial  notice  of  the  meaning  and  effect  of  such 
abbreviated  forms  of  entries  and  the  transcript  of  any  record, 
other  than  one  in  a  suit  in  equity,  for  use  in  any  other  court 
in  this  state,  whether  in  case  of  appeal,  writ  of  error,  or  other- 
wise, may  be  made  up  and  authenticated  in  the  following  man- 
ner: 

First:  It  shall  be  preceded  by  a  statement  in  the  following 
form  or  in  a  form  substantially  equivalent  thereto : 

Record  of  the  proceedings  of  the  municipal  court  of  Chicago 
in  a  certain  suit  therein  lately  pending  and  determined 
entitled:  (Here  give  the  names  of  the  parties  plaintiff  and  par- 
ties defendant,  or  such  other  title  as  the  suit  may  have.) 

Second:  It  shall  contain  copies  of  all  such  files  in  the  pro- 
ceeding as  properly  form  a  part  of  the  record  at  common  law, 
with  all  indorsements  thereon,  including  the  process  and  returns 
thereon  and,  in  case  such  transcript  is  to  be  used  upon  appeal 
or  writ  of  error,  the  original  bill  of  exceptions,  or  the  state- 
ment or  statements,  or  report  or  reports  signed  by  the  judge, 
or  judges,  before  whom  proceedings  have  been  had  in  such 
suit,  the  appeal  bond,  if  there  be  one,  and  a  copy  of  the  ab- 
breviated forms  of  entries. 

Third:  It  shall  be  duly  certified  by  the  clerk  under  the  seal 
of  the  court. 

NOTE. 

This  section  is  the  same  as  section  62  of  the  original  act  with 
the  following  changes: 

First:  Provision  is  made  that  transcripts  need  only  be  writ- 
ten out  in  full  when  required  for  use  in  any  other  state  than 
Illinois,  or  in  a  territory  of  the  United  States,  or  in  a  foreign 
country. 

Second:  Provision  is  made  that  all  courts  of  this  state  shall 
take  judicial  notice  of  the  meaning  and  effect  of  the  abbreviated 
forms  of  entries. 


I 


APPENDIX.  711 

Third:  The  method  of  making  up  the  transcript  of  the  rec- 
ord for  use  in  case  of  appeal,  writ  of  error,  or  otherwise,  is  pre- 
scribed. 

SECTION  63. 

Section  63.  That  the  orders,  judgments,  and  decrees  of  the 
municipal  court  in  cases  of  the  first  class  and  cases  of  the  second 
class  shall  have  the  same  force,  be  of  the  same  effect,  be  liens 
upon  real  estate  in  the  city  of  Chicago  to  the  same  extent  and 
under  the  same  circumstances,  and  be  executed  and  enforced  in 
the  same  manner  as  the  judgments,  orders  and  decrees  of  the 
circuit  court  of  Cook  county,  and  such  judgments  and  decrees 
shall  also  be  liens  upon  real  estate  in  the  county  of  Cook  outside 
of  the  city  of  Chicago  after  certified  transcripts  of  the  same 
shall  have  been  filed  in  the  office  of  the  recorder  of  Cook  county, 
which  transcripts  shall  contain  the  names  of  the  parties  to  the 
suits,  the  kinds  of  actions,  the  amounts  of  the  judgments  or  the 
general  nature  and  effect  of  the  decrees  as  the  case  may  be, 
and  the  dates  on  which  the  judgments  and  decrees  were  ren- 
dered; provided,  however,  that  no  such  orders,  judgments  or 
decrees  shall  be  liens  upon  or  affect  registered  land  or  any  estate 
or  interest  therein  until  a  certificate  under  the  hand  and  official 
seal  of  the  clerk  of  the  municipal  court,  stating  the  date  and 
purport  of  the  judgment,  decree  or  order,  is  filed  in  the  office 
of  the  register  of  titles  of  said  Cook  county,  and  a  memorial 
of  the  same  is  entered  upon  the  register  of  the  last  certificate 
of  title  to  be  affected. 

NOTE. 

This  section  is  the  same  as  section  63  of  the  original  act. 

SECTION  64. 

Section  64.  That  all  other  judgments  of  the  municipal  court 
^all  have  the  same  force,  be  of  the  same  effect  and  be  executed 
and  enforced  in  the  same  manner  as  the  judgments  of  the  cir- 
cuit court  of  Cook  county.  But  no  such  judgment  shall  be  a  lien 
upon  the  real  estate  of  the  person  against  whom  it  is  obtained, 
excepting  from  the  time  of  the  filing  of  a  certified  transcript 
thereof  in  the  office  of  the  recorder  of  Cook  county,  which 
transcript  shall  contain  the  names  of  the  parties  to  the  suit. 


712  PRACTICE   IN   THE   MUNICIPAL   COURT. 

the  kind  of  action,  the  amount  of  the  judgment  and  the  date 
upon  which  the  same  was  rendered,  provided,  however,  that  no 
such  judgment  shall  be  a  lien  upon  or  affect  registered  land  or 
any  estate  or  interest  therein  until  a  certified  transcript  thereof 
is  filed  in  the  office  of  the  register  of  titles  of  Cook  county  and 
a  memorial  of  the  same  is  entered  upon  the  register  of  the  last 
certificate  of  title  to  be  affected.  The  recorder  of  Cook  county 
shall  provide  and  keep  in  his  office  for  said  municipal  court  well 
bound  books  for  entering  therein  an  alphabetical  docket  of  all 
judgments  and  decrees  rendered  in  said  municipal  court  as  is 
now  required  by  law  for  docketing  judgments  and  decrees  ren- 
dered in  circuit  courts,  and  shall  forthwith,  after  the  filing  of 
any  transcript  herein  provided  for,  enter  the  same,  together 
with  the  hour,  day,  month  and  year  of  the  filing  of  such  certified 
transcript  and  the  general  number  thereof.  Executions  issued 
upon  judgments  of  the  municipal  court  shall  in  all  cases  be 
liens  upon  all  the  personal  property  of  the  defendants  situated 
within  the  city  of  Chicago  from  the  time  they  are  delivered  to 
the  bailiff  to  the  same  extent  as  executions  out  of  the  circuit 
court  of  Cook  county  when  delivered  to  the  sheriff  and  may 
be  levied  upon  the  property,  real  or  personal,  of  the  defendant 
situated  at  any  place  within  the  city  of  Chicago,  but  no  execu- 
tion upon  a  judgment  other  than  one  of  the  first  or  second  class 
shall  be  a  lien  upon  the  real  estate  of  the  defendant  until  the 
same  shall  have  been  levied  thereon  and  a  certificate  of  such 
levy  filed  in  the  recorder 's  office  of  the  county  in  which  such  real 
estate  is  situated. 

NOTE. 

This  section  is  the  same  as  section  64  of  the  original  act,  with 
the  addition  of  the  concluding  sentence. 

SECTION  65. 

Section  65.  That  in  case  it  shall  be  hereafter  determined  that 
so  much  of  sections  seven  (7)  and  ten  (10)  hereof  as  fixes  the 
terms  of  office  of  the  chief  justice  and  associate  judges  of  the 
municipal  court  is  invalid,  this  act  shall  not  on  that  account  be 
adjudged  wholly  invalid,  but  the  terms  of  office  of  the  chief 
justice  and  associate  judges  of  said  municipal  court  shall  in 
such  case  be  four  (4)  years,  and  they  shall  hold  their  offices 
until  their  successors  shall  be  elected  and  qualified,  and  on  the 


APPENDIX.  713 

first  Tuesday  after  the  first  Monday  of  November,  A.  D.  1910, 
and  on  the  first  Tuesday  after  the  first  Monday  of  November  of 
every  fourth  year  thereafter  there  shall  be  elected  a  chief  justice 
and  twenty-seven  (27)  associate  judges  of  said  municipal  court 
as  successors  in  office  of  the  judges  hereby  required  to  be  elected 
on  the  first  Tuesday  after  the  first  Monday  of  November,  A. 
D.  1906,  and  the  terms  of  offices  of  the  associate  judges  which 
may  be  added  to  said  municipal  court  in  pursuance  of  section 
twelve  (12)  hereof  shall  be  four  (4)  years. 

NOTE. 

This  section  is  the  same  as  section  65  of  the  original  act,  ex- 
cepting a  change  of  the  numbers  of  the  sections  therein  men- 
tioned. 

SECTION  66. 

Section  66.  That  the  invalidity  of  any  portion  of  this  act 
shall  not  affect  the  validity  of  any  other  portion  thereof,  which 
can  be  given  effect  without  such  invalid  part. 

note. 
This  section  is  the  same  as  section  66  of  the  original  act. 


INDEX. 


[BEFEBENCES   ABE   TO   THE   PAGES.] 

ABANDONMENT- 

Criminal  statutory  provisions  as  to,  253. 

Forms  of  information,  253-254. 
ABBREVIATED  FORMS- 

Of  records  to  be  prescribed  by  chief  justice,  38. 
ABDUCTION- 

Crimiiial  statutory  provisions  as  to,  254. 

Forms  of  information,  254-255. 
ABORTIFACIENT  DRUGS- 

Criminal  statutory  provisions  as  to,  255. 

Forms  of  information,  255-256. 

ACCOUNT- 

Copy  of  to  be  filed  with  declaration,  120. 
ACCOUNTS- 

Of  clerk  and  bailiff  to  be  audited  monthly,  36. 

Chief  justice  to  supervise,  36. 
ACETYLENE  GAS-STORAGE  OF- 

Ordinance  in  regard  to,  436. 
ACKNOWLEDGMENTS- 

Of  chattel  mortgages,  36. 

Fees  for  and  accounting  by  clerk,  36. 

ACTIONS.  (See  Attachment,  Attachment  of  Water  Craft, 
Distress  for  Rent,  Forcible  Detainer,  Garnishment,  Re- 
plevin, Trover.) 

ACTIONS  FOR  MONEY  ONLY- 

Jurisdiction  of  municipal  court  in,  2. 

ACTIONS  ON  CONTRACTS- 

Jurisdiction  of  municipal  court  in,  1. 

ADMINISTRATION- 

In  other  courts,  522-526. 
Chief  justice,  527-532. 
Associate  judges,  533-538. 
Clerk,  539-545. 
Bureau  of  justice,  546-549. 

715 


716  INDEX. 

IBEFEEENCES   ABE   TO   THE   PAGES. j 

ADVERSE  PARTY- CROSS-EXAMINATION- 
Provisions  of  statute,  24. 
Practice  in  respect  to,  216-17. 

ADVERTISEMENTS  IN  NEWSPAPERS.     (See  Prohibited  Ad- 
vertisements IN  Newspapers.) 

ADVERTISEMENTS  OF  CURES,  Ac- 
Ordinance  in  regard  to,  436. 

ADVERTISING  QUACK  NOSTRUMS- 

Ordinance  in  regard  to,  437. 
ADULTERATION- 

Criminal  statutory'  provisions  as  to,  256. 

Forms  of  information,  257-270. 
ADULTERY- 

Criminal  statutory  provisions  as  to,  270. 

Forms  of  information,  270-271. 
AGREED  CASE- 

Provisions  of  statute  as  to,  138. 

How  made  up  and  certified,  138. 

AGRICULTURE  AND  HORTICULTURE- 

Criminal  statutory  provisions  as  to,  271. 

Forms  of  information,  271-273, 
AIR  GUN- 

Ordinance  in  regard  to,  437. 

Forms  of  complaint,  437. 

AMBULANCES  AND  PHYSICIANS- 
Ordinanee  in  regard  to,  437. 

AMENDAIENTS- 

Statutory  provisions  as  to,  29,  117. 

Of  bills  of  particulars,  29. 

Of  summons,  29. 

Of  praecipe,  29. 

Proposed  to  municipal  court  act,  653-713. 

AMUSEMENTS- 

Ordinanee  in  regard  to,  437. 
Forms  of  complaint,  437. 

ANIM^VLS- 

Ordinance  in  regard  to,  438. 
Cruelty  to,  303-305,  450-451. 
Exhibiting  wild,  464. 


INDEX.  717 

[EEFEBENCES    ABE   TO    THE    PAGES.] 

ANIMALS  AND  BIRDS- 

Criminal  statutory  provisions  as  to,  273-274. 

Forms  of  information,  274-277. 
ANIMALS,  HORSES  AND  VEHICLES- 

Ordinance  in  regard  to,  438. 

Forms  of  complaint,  438-439. 
APPEALS- 

How  to  be  taken  in  cases  of  first  and  second  classes,  14. 

When  to  be  taken  in  cases  of  first  and  second  classes,  14. 

Practice  in  respect  to  in  cases  of  first  and  second  classes,  14. 

From  judgments  of  justices  of  the  peace— How  taken,  37. 

Decisions  on  questions  of  practice  reviewable  on  when,  14. 

To  what  court  to  be  taken  in  cases  of  first  and  second  classes,  14. 
APPEARANCE- 

When  to  be  entered,  29. 

Li  person  or  in  writing,  29. 
APPELLATE   PROCEDURE    IN    CASES    OF   FIRST,    SECOND 
AND  THIRD  CLASSES- 

In  general,  236-241. 

Appeal— When  prayed,  14,  237. 

When  record  to  be  filed,  237. 

Bill  of  exceptions  need  not  be  sealed,  25,  237. 

Formal  exceptions  unnecessary,  25,  237. 

Original  bill  of  exceptions  to  be  inserted  in  transcript,  25,  237. 

Rules  of  practice— Judicial  notice  of  taken  by  supreme  and  appel- 
late courts,  13,  238. 

General   ordinances — Judicial   notice   of   taken   by   supreme   and 
appellate  courts,  32,  238. 

Laws  of  other  states  and  territories— Judicial  notice  of  taken  by 
appellate  and  supreme  courts,  32,  238. 

Rulings  on  empanelling  of  juiy— When  to  be  reviewed  by  appel- 
late and  supreme  courts,  23,  238. 

Rulings  on  questions  of  practice— When  to  be  reviewed  by  appel- 
late and  supreme  courts,,  14,  238. 

What  rulings  unconditionally  subject  to  review,  239. 

1.  Denying  right  of  trial  by  jury,  239. 

2.  Improperly  restricting  examination  of  jurors  as  to  bias, 

239. 

3.  Excluding  competent  evidence,  239. 

4.  Admitting  incompetent  evidence,  239. 

5.  Giving  improper  instructions,  239. 

6.  Refusing  proper  instructions,  239. 


718  INDEX. 

[BEFEBENCES    ABE   TO   THE   PAGES.] 

APPELLATE  PROCEDURE  IN  CASES  OF  FIRST,  SECOND  AND 
THIRD  CLASSES -Continued. 

7.  Finding  contraiy  to  law  and  evidence,  239. 

8.  Verdict  contrary  to  law  and  evidence,  239. 

9.  Judgment  not  warranted  by  law,  239. 

10.  Rulings  denying  recovery  of  what  party  is  entitled  to,  239. 
What  rulings  are  rulings  in  matters  of  practice,  240. 

1.  As  to  right  to  open  or  close,  240. 

2.  In  empanelling  jury,  240. 

3.  As  to  questions  on  cross-examination,  240. 

4.  As  to  remarks  of  trial  judge,  240. 

5.  As  to  arguments  of  counsel,  240. 

6.  Restricting  right  of  cross-examination,  240. 

7.  Limiting  arguments  to  jury,  240. 

8.  As  to  proper  methods  of  serving  process,  240. 

Practice   rulings   reviewed  when  necessary   to   prevent  failure   of 
justice,  14,  240. 
APPELLATE    PROCEDURE    IN    CASES    OF    FOURTH    AND 
FIFTH  CLASSES— 
In  general,  241-243. 
How  different  from  practice  in  cases  in  circuit  court,  241-243. 

1.  Writ  of  error  only,  14,  241. 

2.  In  revenue  cases  writ  to  be  sued  out  of  appellate  court, 

14,  241. 

3.  Stay  of  execution,  15,  241. 

4.  Denial  of  supersedeas  is  an  affirmance  of  judgment,  15,  242. 

5.  Writ  of  eiTor  by  successful  party,  15,  242. 

6.  Scire  facias  not  to  be  served,  16,  242. 

7.  Presiding  judge  to  sign  statement  or  stenographic  report  in 

lieu  of  bill  of  exceptions,  16,  242. 

8.  Exceptions  unnecessary,  17,  243. 

9.  Reversals  must  be  for  substantial  errors  only,  16,  243. 

10.  Decisions  on  questions  of  practice  not  reviewable,  17,  243. 

11.  Exceptions  unnecessary,  17,  243. 

12.  Supreme   and  appellate  courts  to  take  judicial  notice  of 

rules  of  practice,  municipal  ordinances  and  laws  of  other 
states  and  territories,  13,  32,  243. 

APPRENTICES- 

Criminal  statutory  provisions  as  to,  278. 
Forms  of  information,  278. 
ARCHITECTS- 

Criminal  statutory  provisions  as  to,  278. 


INDEX.  719 

[eEFEBENCES    ABE   TO   THE   PAGES.] 

ARREST- 

In  quasi  criminal  cases,  30. 

In  proceeding  to  prevent  commission  of  crime,  419. 

In  cases  of  persons  charged  with  crime,  422-423. 

In  search  warrant  cases,  429. 

When  not  to  be  made  in  quasi  criminal  case,  30,  431. 

ARREST,  EXAMINATION,  COMMITMENT  AND  BAIL- 

Proceedings  in  regard  to,  422-427. 

ARREST  OF  JUDGMENT- 
Provisions  of  statute,  130. 
Not  to  require  commencement  of  act  anew,  130. 

ARSON- 

Crimmal  statutory  provisions  as  to,  278. 
Forms  of  complaint,  279.    ^ 

ASHES.    (See  Garbage,  Ashes  and  Refuse.) 

ASPHALT    PAVEMENT.     (See    Spilling  Oil  on  Asphalt  Pave- 
ment.) 

ASSAULT  AND  BATTERY- 

Crimmal  statutory  provisions  as  to,  279. 
Forms  of  complaint,  279. 

ASSAULT  WITH  DEADLY  WEAPONS- 
Criminal  statutoiy  provisions,  279. 
Form  of  information,  280. 

ASSEMBLIES  MET  FOR  WORSHIP.     (See  Disturbing  Assem- 
blies Met  for  Worship.) 

ASSESSMENT  OF  DAMAGES- 
Statutory  provisions,  28,  123. 
By  the  court,  28,  123. 
By  the  clerk,  123. 
By  a  jury,  123. 

ASSIGNATION  HOUSES.  (  See  Houses  of  III  Fame  oe  Assigna- 
tion.) 

ASSIGNMENTS  OF  ERROR- 

As  to  ruling's  on  questions  of  pi'actice,  12,  14,  17. 
As  to  rulings  on  impanelling  of  jury,  23. 

ASSIGNMENT  OF  JUDGES— 
By  chief  justice,  5. 


720  INDEX. 

fBEFEBENCKS    ABE   TO    THE    PAGES.] 

ASSOCIATE  JUDGES- 
E  lection  and  terms  of,  5. 
Qualifications  of,  8. 
Oath  of,  8. 
Duties  of,  5,  6. 

Additional  may  be  elected,  8-9. 
Administrative  functions,  533-538. 

ATHLETIC  FIELDS,  &C.-THROWING  GLASS  BOTTLES  AND 
OTHER  THINGS  ON- 
Ordinance  in  regard  to,  442. 
ATTACHMENT  ACT  REWRITTEN— 

Sec.  1.  Causes  of  attachment,  148. 

Sec.  2.  Affidavit,  149. 

Sec.  3.  Names,  &e.,  heirs,  &c.,  149. 

Sec.  4.  Bond,  150. 

Sec.  5.  Condition  of  bond,  150. 

Sec.  6.  Writ— Form,  150. 

Sec.  7.  Attachment  against  joint  debtor,  151. 

Sec.  8.  Execution  of  writ,  152. 

Sec.  9.  Certificate  of  le\-y,  152. 

See.  10.  Serving  defendant— Return,  152. 

Sec.  11.  Pursuit,  152. 

Sec.  12.  Writ  issued  and  served  on  Sunday,  152. 

Sec.  13.  Writs  to  other  counties,  153. 

Sec.  14.  Possession— Forthcoming  bond,  153. 

Sec.  15.  Bond  or  recognizance  to  pay  judgment,  153. 

Sec.  16.  Neglect  of  sheriff  to  take  bond— Proceedings,  153. 

Sec.  17.  Exception  to  sufficiency  of  bond— Proceedings,  154. 

Sec,  18.  Suit  on  bond,  154. 

Sec.  19.  Sustenance  of  live  stock— Compensation  for,  154. 

Sec.  20.  Perishable  property,  155. 

Sec.  21.  Garnishment,  155. 

Sec.  22.  Notice  by  publication,  156. 

Sec.  23.  Default,  156. 

Sec.  26.  Practice  and  pleadings,  156. 

Sec.  27.  Traversing  affidavits,  156. 

Sec.  28.  Amendments,  157. 

Sec.  29.  Interpleadmg,  157. 

Sec.  30.  Set-off,  157. 

Sec.  31.  Attachment  in  aid,  157. 

Sec.  32.  In  aid  of  scire  facias,  158. 

Sec.  33.  Proceedings  in  aid,  158. 


INDEX.  721 

[BEFEBENCES    ABE   TO   THE   PAGES.] 

ATTACHMENT  ACT  REWRITTEN- Continued. 

Sec.  34.  Effect  of  judg-ment,  159. 

Sec.  36.  What  property  levied  on,  159. 

Sec.  37.  Division  of  proceeds,  159. 

Sec.  38.  Statement  of  participating  judgments,  159. 

Sec.  39.  Payment  into  court,  160. 

Sec.  40.  A 1^ Ideals  and  writs  of  error,  160. 

Sec.  41.  Liberal  construction,  160. 

See.  42.  Sale  of  live  stock,  160. 
ATTACHMENT  CASES  OF  FIRST  CLASS- 

How  practice  differs  from  that  in  circuit  court,  146-160. 

1.  Writ— How  directed  and  returnable,  20,  146. 

2.  Writ— How  served,  20,  146. 

3.  Against  whom  suit  may  be  maintained,  20,  21,  146. 

4.  Publication  of  notice,  20,  146. 

ATTACHMENT  CASES  OF  FOURTH  AND  FIFTH  CLASSES- 
How  practice  differs  from  that  in  circuit  court,  147-148. 

1.  Where  suit  is  to  be  brought,  21,  147. 

2.  Suit  against  corporation  having  principal  office  in  Chicago^ 

21,  147. 

3.  Suit  against  corporation  not  having  principal  office  in  Chi- 

cago, 22,  147. 

4.  Suit  against  non-resident,  22,  147. 
6.  No  written  pleadings,  29,  147. 

6.  Writs— How  returnable,  29,  147. 

7.  Bill  of  particulars,  29,  148. 

8.  Mode  of  trial  and  proceedings,  subsequent  to  trial,  30,  148. 
ATTACHMENT  OF  WATER  CRAFT  CASES- 

How  different  from  practice  in  circuit  court,  161. 
ATTACHMENT  OF  WATER  CRAFT  ACT  REWRITTEN- 
Sec.  1.  For  what  lien  given,  161. 
Sec.  2.  Lien  on  goods  for  freight,  162. 
Sec.  3.  Limitation,  162. 
Sec.  4.  Petition,  162. 
Sec.  5.  Bond,  162. 

Sec.  6.  Writ— Names  of  defendants,  163. 
Sec.  7.  Form  of  writ,  163. 
Sec.  8.  Execution  of  writ — Return,  164 
Sec.  9.  Only  one  attachment,  164. 
Sec.  10.  Notice  by  publication  and  mail,  164. 
Sec.  11.  Intervening  creditors,  &c.,  165. 
Sec.  12.  Bond  by  intervener,  165. 
46 


722  INDEX. 

[BEFEBENCES    ABE    TO    THE    PAGES.] 

ATTACHMENT  OF  WATER  CRAFT  ACT  REWRITTEN- Contin- 
ued. 

Sec.  13.  When  intervening  petition  may  be  filed— Proceedings,  165. 

Sec.  14.  Liens  not  filed  to  cease,  165. 

Sec.  15.  Bonding  vessel,  165. 

Sec.  16.  Appraisements— Restitution— Sale,  166. 

Sec.  17.  Order  of  restitution,  &c.,  166. 

Sec.  18.  Additional  security,  166. 

Sec.  19.  Answer— Atiidavit  of  merits— Default,  167. 

Sec.  20.  Amendments— New  parties,  167. 

Sec.  21.  Judgment  when  vessel  discharged,  167. 

Sec.  22.  Judgment  when  vessel  in  custody,  167. 

Sec.  23.  Order  of  sale,  168. 

Sec.  24.  Proceedings  on  sale,  168. 

Sec.  25.  Bill  of  sale— Evidence— Effect,  168. 

Sec.  26.  Distribution,  168. 

Sec.  27.  Remnants,  169. 

Sec.  28.  Power  of  court  in  distribution,  169. 

Sec.  29.  Appeal— Error,  169. 
ATTEMPTS- 

Criminal  statutory  provisions  as  to,  280. 

Form  of  information,  280. 
ATTORNEYS- 

Criminal  statutory  provisions  as  to,  280. 

Forms  of  information,  281. 
AUCTIONS  AND  AUCTIONEERS- 

Ordinance  in  regard  to,  440. 

Forms  of  complaint,  440. 
AUDIT- 

Of  accounts  of  clerk  and  bailiff,  36. 

AUTOMOBILES- 

Criminal  statutory  provisions  as  to,  281. 

Forms  of  information,  281-282. 

Ordinance  in  regard  to,  440. 

Forms  of  complaint,  440-441. 

Injuries  by,  481. 

Forms  of  complaint  for  injuries  by,  480-481. 
AUTOMOBILES,    LIVERY   AND    BOARDING   STABLES   AND 
GARAGES- 

Ordinanee  in  regard  to,  441. 
AUTOMOBILES-PUBLIC  FOR  PASSENGERS— 

Ordinance  in  regard  to,  441. 


INDEX,  723 

[BEFEEENCES    ABE    TO    THE   PAGES.] 

AUTOMOBILES-USED  AS  PUBLIC  CARTS— 

Ordinance  in  regard  to,  442. 
BAILIFF— 

Election  and  term  of,  10. 

Duties  of,  10-11. 

Appointment  of  deputies  by,  11-12. 

Prohibited  from  accepting  gratuities,  12. 

Fees  collected  bj'  to  be  accounted  for,  36. 

Administrative  functions,  546-549. 

BAKERY- SLEEPING   ROOMS   IN.      (See   Sleeping   Rooms   in 
Bakery,  &c.) 

BALL  ALLEYS- 

Ordinanee  in  regard  to,  443. 

Forms  of  complaint,  443. 
BANKS- 

Criminal  statutory  provisions  as  to,  282. 
BARBED  WIRE  FENCE- 

Ordinance  in  regard  to,  442. 
BARRATRY  AND  MAINTENANCE- 

Criminal  statutoiy  provisions  as  to,  282. 

Forms  of  complaint,  282-283. 
BARRICADE  ON  SIDEWALKS- 

Ordinance  in  regard  to,  442. 
BASTARD.     (See  Concealing  Death  op  Bastard.) 
BATHING  WITHIN  CITY  LIMITS- 

Ordinance  in  regard  to,  442. 

Forms  of  complaint,  442. 

BERRIES.     (See  Fruits,  Berries  and  Vegetables.) 

BICYCLE  RIDING- 

Criminal  statutory  pi'ovisions  as  to,  283. 
Forms  of  information,  283. 

BICYCLES-INJURIES  BY.     (See  Injuries  by  Automobiles,  Bi- 
cycles, Carriages,  &c.) 

BILLIARDS   AND   POOL   TABLES,   BOWLING    OR   PIN   AND 
BALL  ALLEYS- 

Ordinanee  in  regard  to,  443. 
Forms  of  complaint,  443. 

BILL  IN  EQUITY- 

To  set  aside  judgment,  13. 


724  INDEX. 

[nEFERENCES    ABE    TO    THE    PAGES.] 

BILL  POSTERS  AND  POSTING- 

Ordinance  in  regard  to,  443. 

Forms  of  complamt,  443-444. 
BILLS  OF  PARTICULARS- 

In  general,  198-200. 

Forms  of  in  actions  on  contracts  not  in  writing,  201-204. 

1.  Goods  sold  and  delivered,  201. 

2.  Goods  bargained  and  sold,  201. 

3.  Labor  and  services,  201. 

4.  Work  and  materials,  202. 

5.  Money  loaned,  202. 

6.  Money  expended,  202. 

7.  Money  received,  202. 

8.  Account  stated,  202. 

9.  Board  and  lodging,  202. 

10.  Hire  of  horses,  carriages,  etc.,  202. 

11.  Care  and  keeping  of  horses,  cattle,  &c.,  203. 

12.  Physician's  bill,  203. 

13.  Attorney's  bill,  203. 

14.  Storage  of  goods,  203. 

15.  Use  and  occupation,  203. 

16.  Warranty,  203. 

17.  Breach  of  promise  of  marriage,  203. 

18.  Injury  to  property  hii-ed,  204. 

19.  Injury  to  or  loss  of  goods  delivered  to  a  common  carrier, 

204. 

20.  Non-acceptance  of  goods  sold,  204. 

21.  Non-acceptance  of  goods  manufactured  for  defendant,  204. 

22.  Non-delivery  of  goods,  204. 

23.  Goods  sold  to  third  person,  204. 

Forms  of  in  actions  on  contracts  in  writing,  204-208. 

1.  Promissory  notes,  204. 

2.  Bills  of  exchange,  205. 

3.  Lease  of  real  estate,  205. 

4.  Policy  of  life  insurance,  206. 

5.  Policy  of  fire  insurance,  206. 

6.  Special  contract  in  writing,  206. 

7.  An  award  in  writing,  207. 

8.  A  judgment  recovered,  207. 

9.  An  appeal  bond,  207. 

10.  An  attachment  bond,  207. 

11.  A  forthcoming  bond,  208. 

12.  A  surety  bond,  208. 


INDEX.  725 

[references  are  to  the  pages.] 

BILLS  OF  PARTICULARS -Continued. 

Forms  of  in  actions  on  contracts  not  in  writing,  201-204. 

1.  Malicious  prosecution,  209. 

2.  False  imprisonment,  209. 

3.  Assault  and  battei-y,  209. 

4.  Slander,  209. 

5.  Libel,  209. 

6.  Keeping  mischievous  animals,  209. 

7.  Criminal  conversation,  209. 

8.  Debauching  servant,  209. 

9.  Enticing  away  apprentice,  210. 

10.  Conversion  of  personal  property,  210,- 
Forms  of  in  actions  on  statutory  liabilities,  210-212. 

1.  Under  dram  shop  act,  210. 

2.  Under  mining  laws,  210. 

3.  Under  fire  escape  act,  210. 

4.  Under  replevm  act  against  sheriff,  211. 

5.  On  an  unpaid  stock  subscription,  211. 

6.  AgainsI  a  direotor  of  a  corporation,  211. 

7.  Reeoveiy  of  nioiicy  lost  by  g'ambling,  211. 

8.  Recovery  of  treble  amount  lost  by  gambling,  211. 

9.  Under  civil  rights  law,  211. 

10.  Under  railroad  and  warehouse  act,  212. 

11.  For  propelling  steam  engine  on  public  highway,  212. 

12.  For  propellmg  automobile  on  public  highway,  212. 

13.  For  unlawfully  obstructing  a  highway,  212. 
Forms  of  in  actions  for  negligence,  212-21G. 

1.  Collision  with  street  ear,  railway  car,  wagon,  automobile 

or  other  conveyance,  212. 

2.  Injuries  to  passengers,  213. 

3.  Injuries  to  employees  by  machinery,  213. 

4.  Loss  of  or  injury  to  personal  property  by  common   car- 

riers, 213. 

5.  Loss  of  or  injury  to  personal  property  by  innkeepers,  213. 

6.  Negligence  of  attorneys,  213. 

7.  Negligence  of  sheriff,  214. 

8.  Malpractice  of  physician,  214. 

9.  Malpractice  of  surgeon,  214. 

10.  Negligence  of  landlord,  214. 

11.  Negligence  of  occupant  of  premises,  214. 

12.  Negligence  of  bailee  of  personal  property,  215. 

13.  Injuries  from  explosion  of  boiler,  215. 


726  INDEX. 

[befebences  are  to  the  pages.] 

BILLS  OF  PARTICULAKS— Continued. 

14.  Injuries  through  unsafe  machinery,  215. 

15.  Elevator  injuries,  215. 

16.  Sidewalk  injuries,  215. 

BIRDS.     (See  Animals  and  Birds.) 

BIRTHS  AND  DEATHS- 

Ordinance  in  regai-d  to,  444. 
BLANKS— 

To  be  provided  at  expense  of  city,  5. 

BLASTING- 

Ordinance  in  regard  to,  444. 
Forms  of  complaint,  444-445. 
BOARDING  STABLES- 

Ordinance  in  regard  to,  441. 

BONDS- 

Frinted  blanks  for  to  be  furnished  by  clerk,  28. 

Chief  justice  to  prescribe  forms  of,  28. 

In  attachment  cases,  150. 

In  replevin  cases,  174. 

In  criminal  cases,  31. 

In  quasi  criminal  cases,  31. 

To  be  provided  by  clerk  when,  133. 

For  stay  of  proceedings  in  fourth  and  fifth  class  cases,  15, 

BOOKS— 

To  be  provided  at  expense  of  city,  5. 

BOUNDARIES  OF  DISTRICTS- 

How  fixed,  3-4. 

How  changed,  4. 
BOWLING  ALLEYS - 

Ordinance  in  regard  to,  443. 

Forms  of  complaint,  443. 

BRANCH  COURTS- 

Number  of— How  determined— How  designated,  4, 
Power  of  chief  justice  with  respect  to,  4. 
At  least  one  to  be  provided  in  each  district,  4. 
Place  of  holding  to  be  provided  by  city,  4. 
Powers  of  judges  with  respect  to,  4. 

BREAD- 

Ordinance  in  regard  to,  444. 
Forms  of  complaint,  444. 


INDEX.  727 

[bEFEBENCES    ABE   TO   THE   PAGES.] 

BREWERS  AND  DISTILLERS- 

Ordinance  in  regard  to,  445. 

BRIBERY- 

Criminal  statutoiy  provisions  as  to,  283 
BRIDGES.     (See  Harbor,  Harbor  Master,  Bridges,  Wharves  aitd 

Vessels.) 
BROKERS- 

Ordinance  in  regard  to,  445. 

Forms  of  complaint,  445-446. 
BUILDING  REGULATIONS- 

Ordinance  in  regard  to,  446. 
BUILDINGS - 

Ordinance  in  regard  to,  446. 

BUILDINGS-WRECKING  OF- 
Ordinance  in  regard  to,  446. 

BURGLARS'  TOOLS- 

Ordinance  in  regard  to,  446. 
Foi-ms  of  complaint,  446-447. 

BURIAL  OF  THE  DEAD- 
Ordinance  in  regard  to,  447. 

CABBAGE  PLANT - 

Ordinance  in  regard  to,  447. 
Forms  of  complaint,  447. 

CABS,  CARRIAGES,  HACKS  AND  OMNIBUSES- 
Ordinanee  in  regard  to,  447. 

CALF— IMMATURE.     (See  Immature  Calf,  Pig  or  Lamb.) 

CANADA  THISTLES- 

Criminal  statutory  provisions  as  to,  284. 
Forms  of  complaint,  284. 

CANAL- 

Criminal  statutoiy  provisions  as  to,  284. 
Forms  of  complaint,  285. 

CALENDARS- 

Of  cases— How  prepared,  5. 

Power  of  chief  justice  with  respect  to,  5. 

Distribution  of  cases  on,  5. 
CANNED  FOOD.     (See  Falsely  Stamping  Canned  or  Preserved 

Food.) 


728  INDEX. 

[references  are  to  the  pages.] 

CANNON.    (See  Fire  Arms,  Fire  Works  and  Cannon.) 

CAPTAIN  OF  POLICE- 
Power  of  to  take  bail,  31. 

CARRIAGES- 

Ordinance  in  regard  to,  447. 

Injuries  by,  480-481. 
CASE- 

Distinetion  between  and  trespass  abolished,  117. 

CASES  OF  FIRST  CLASS- 

Cases  included  withm,  1. 

Jurisdiction  of  municipal  court  in,  2. 

Practice  in,  12,  20,  86-93. 

Appeals  in,  14. 

Writs  of  error  in,  14. 
CASES  OF  SECOND  CLASS- 

Cases  included  within,  1. 

Jurisdiction  of  munieii^al  court  in,  2. 

Practice  in,  17,  94-98. 

Appeals,  in,  14. 

Writs  of  error  in,  14. 
CASES  OF  THIRD  CLASS- 

Cases  included  within,  2. 

Jurisdiction  of  municipal  court  in,  2. 

Practice  in,  12,  19,  244-249. 

Writs  of  error  in,  14. 
CASES  OF  FOURTH  CLASS- 

Cases  included  within,  2. 

Jurisdiction  of  municipal  court  in,  2. 

Practice  in,  21-22,  26,  29,  99-108. 

Writs  of  error  in,  14,  17. 
CASES  OF  FIFTH  CLASS- 

Cases  included  within,  2. 

Jurisdiction  of  municipal  court  in,  2. 

Practice  in,  21,  22,  26,  29,  99,  108. 

Writs  of  error  in,  14,  17. 
CASH  BAIL- 

When  to  be  taken,  31. 

CASTING  RINDS  AND  PEELS  ON  SIDEWALK- 
Ordinanee  in  regard  to,  447. 
Forms  of  complaint,  448. 


INDEX.  729 

[BEFEEENCES    ABE    TO    THE    PAGES.] 

CASTOR  BEANS- 

Criminal  statutory  provisions  as  to,  285. 
Form  of  complaint,  285. 

CATTLE  AND  SWINE- 

Ordinance  in  regard  to,  448. 

CEMETERIES- 

Criminal  statutoiy  provisions  as  to,  285-28G. 
Forms  of  complaint,  286. 

CESS-POOL.     (See  Privy,  Vault,  Sink  and  Cess-Pool.) 

CHANGES  OF  VENUE- 

In  general,  26,  219-220. . 

Difference  between  practice  in  municipal  court  and  that  in  circuit 
court  in  first  and  second  class  cases,  219. 

No  terms  in  municipal  court,  21,  219. 

Difference  between  practice  in  municipal  court  and  that  in  circuit 
court  in  third,  fourth  and  fifth  class  cases  on  account  of  preju- 
dice of  judge,  219. 

1.  Only  one  judge  to  be  named  in  petition,  26,  219. 

2.  When  petition  to  be  filed,  26,  219. 

3.  Granting  of  lapplication  not  to  delay  trial,  26,  219. 

CHANGING  FROM  STEAM  TO  ELECTRIC  POWER- 
Ordinance  in  regard  to,  448. 

CHANGING  BOUNDARIES  OF  DISTRICTS- 
How  accomplished,  4. 

CHARGING  THE  JURY- 

In  general,  25,  224,  235. 

History  of  practice  in  regard  to,  224,  228. 

May  be  given  orally  or  in  writing,  25. 

Practice  in  respect  to  in  municipal  court,  25,  234,  235. 

Exceptions  to  be  taken  before  jui-y  retire,  235. 

CHARITIES - 

Criminal  statutory  provisions  as  to,  286. 
Forms  of  infonnation,  286-287. 

CHICAGO- 

Ordinanees  of,  436,  520. 

To  provide  places  for  holding  bi-lanch  courts,  4. 
To  provide  seals,  blanks,  books,  etc.,  4,  5. 
Divided  into  districts,  4. 


730  INDEX. 

[refebekces  ake  to  the  pages.] 

CHIEF  JUSTICE- 

Election  and  term  of,  5. 

Qualifications  of,  8. 

Oath  of,  8. 

Duties  of,  5,  6,  18,  25,  27,  28,  38. 

Administrative  functions,  527,  532. 

CHIEF  OF  POLICE- 

Power  of  to  take  bail,  31. 
CHILDREN- 

Criminal  statutory  provisions,  288. 
Forms  of  information,  288,  289. 
Cruelty  to,  288,  451,  454. 

CIGARETTES- 

Ordinance  in  regard  to,  448. 
Forms  of  complaint,  448. 

CIGAR  REFUSE- 

Ordinanee  in  regard  to,  448. 

CIRCUIT  COURT  OF  COOK  COUNTY— 

May  transfer  eases  to  municipal  court,  17. 

Power  of  with  respect  to  cases  transferred,  17. 

Jurisdiction  of  municipal  court  in  cases  transferred  from,  1,  2. 

CITIES,  VILLAGES  AND  TOWNS- 

Criminal  statutoiy  provisions  as  to,  289,  290. 
Forms  of  information,  290,  293. 

CIVIL  RIGHTS- 

Crimmal  statutory  provisions  as  to,  293,  294. 

Form  of  information,  294. 
CIVIL  SERVICE- 

Criminal  statutoiy  provisions  as  to,  294,  295. 

CLAY  HOLES  AND  EXCAVATIONS- 
Ordinance  in  regard  to,  448. 

CLEANING  GOODS  IN  STREETS- 
Ordinanee  in  regard  to,  449. 

CLERK- 

Election  'and  term  of,  9. 

Duties  of,  9. 

Appointment  of  deputies  by,  9. 

Prohibited  from  accepting  gratuities,  12. 

Monies  collected  by  to  be  paid  over,  35,  36. 


INDEX,  731 


[beFEBENCES    ABE    TO   THE   PAGES.] 

CLERK- Continued. 

Fees  collected  to  be  accounted  for,  36. 

Acknowledgment  of  chattel  mortgages  by,  36. 

Judgments  may  be  paid  to,  32. 

Administrative  functions,  539,  543. 
CLERKS  OF  COURTS- 

Criminal  statutory  provisions  ^s  to,  295. 
COAL- 

Ordinance  in  regard  to,  449. 
COCAINE- 

Criminal  statutoiy  provisions  as  to,  295. 

Forms  of  information,  296. 

Ordinance  in  regard  to,  449. 
COCAINE-SALE  OF- 

Ordinance  in  regard  to,  449. 

Forms  of  complaint,  449. 
COLORING  GRAIN- 

Criminal  statutory  provision  as  to,  296. 

Forms  of  information,  296,  297. 
COMMON  CARRIERS  OF  OIL- 

Ordinance  in  regard  to,  450. 
COMPLAINTS- 

To  be  received  and  investigated  by  judges,  6. 

Power  of  judges  with  respect  thereto,  6. 

Pertaining  to  the  court,  6. 

Pertaining  to  the  officers  of  the  court,  6. 

In  criminal  cases,  250,  430. 

In  quasi  criminal  cases,  433,  434. 

Forms  of  in  quasi  criminal  cases,  436,  520. 
COMPOUNDING  A  CRIME- 

Criminal  statutoiy  provisions  as  to,  297. 

Form  of  information,  297. 

CONCEALING  DEATH  OF  BASTARD- 
Criminal  statutoiy  provisions  as  to,  297. 
Form  of  information,  298. 

CONCEALING  PROPERTY- 

Criminal  statutoiy  provisions  as  to,  298. 

Form  of  complaint,  298. 
CONCEALED  WEAPONS - 

Ordinance  in  regard  to,  450. 


732  INDEX. 

[BEFEBENCES    ABE   TO    THE   PAQES.] 

CONFERENCE  COMMITTEE- 
Report  of,  adopted,  44. 

CONSPIRACY  TO  INDICT- 

Criminal  statutory  provisions  as  to,  299. 
Form  of  information,  299. 
CONSTABLES- 

In  Chicago  to  be  abolished  on  first  Monday  of  December,  1906, 
3G-37. 
CONSTITUTIONAL  QUESTIONS- 
In  general,  45,  49. 
As  to  jurisdiction,  50,  G3. 

In  cases  of  first  class  where  some  one  or  more  of  defendlants 

reside  in  State  outside  of  Chicago,  50,  58. 
In  cases  transferred  from  circuit  or  superior  court,  58,  59. 
As  to  practice  provisions,  63,  86. 

Provisions  for  making  rules,  63,  76. 

Provisions  limiting  power  of  appellate  and  supreme  court  to 

review  decisions  on  questions  of  practice,  76,  79. 
Provisions   requiring   appellate   and   supreme  courts   to   take 

judicial  notice  of  rules  of  municipal  court,  79,  80. 
Provision  limiting  time  for  suing  out  writ  of  error,  80,  81. 
Provisions  for  empanelling  jurors,  81,  82. 
Provisions  affecting  right  of  trial  by  juiy,  82,  84. 
Provisions  as  to  changes  of  venue,  84,  85. 

CONSTRUCTION  OF  SCAFFOLDS- 

Ordinanee  in  regard  to,  450. 
CONTAGIOUS  DISEASES  AND  INFECTED  ARTICLES- 

Ordinanee  in  regard  to,  450. 
CONTRACTS- 

Jurisdiction  of  municipal  court  in  actions  on,  1. 

Bills  of  particulars  in  actions  on,  201,  208. 

CONVERSION- 

Of  personal  property— action  for,  1. 
COPY  OF  INSTRUMENT  OR  ACCOUNT- 

To  be  filed  with  declaration,  116. 

To  be  filed  with  plea  of  set-off,  120. 

CORAM  NOBIS- 

Writ  of  error  of  abolished,  132. 

CORONERS- 

Crimiiial  statutoi-y  provisions  as  to,  299. 


LNDEX.  733 

[references  are  to  the  pages.] 

CORPORATE  AUTHORITIES- 

To  provide  places  for  holding  branch  courts,  4. 
Expenditures  may  be  authorized  by,  5. 

CORPORATIONS- 

Criminal  statutory  provisions  as  to,  299,  300. 
Form  of  information,  301,  302. 
Service  of  process  on  in  cases  of  first  class,  20. 
Sei-viee  of  process  on  in  cases  of  fourth  and  fifth  classes,  27. 
Cases  of  first  class  against— where  to  be  brought,  20. 
Cases  of  fourth  and  fifth  classes  against — where  to  be  brought, 
21,  22. 

COSTS- 

In  civil  cases,  33,  35. 

In  criminal  cases,  35. 

In  quasi  criminal  cases,  35. 

In  City  of  Chicago  cases,  36. 

Advance  payment  of  when  trial  by  jury  demanded,  33,  34. 

Payable  to  clerk,  33,  36. 

Payable  to  bailiff,  33,  36. 

For  acknowledgments  and  entering  memoranda,  36. 

To  be  accounted  for  by  clerk  and  bailiff,  36. 

Accounts  of  to  be  audited,  36. 

To  be  paid  to  the  city  of  Chicago,  36. 

Advance  payment  of— when  to  be  waived,  35. 

COUNTIES— 

Criminal  statutory  provisions  as  to,  302. 

COUNTY  TREASURER- 

Criminal  statutory  provisions  as  to,  302,  303. 

CRIME,  COMPOUNDING  A.     (See  Compounding  a  Crime.) 

CRIMINAL  CASES.     (See  Misdemeanors— Statutory.) 
In  general,  244,  249. 
Jurisdiction  of  municipal  court  in,  1,  2. 
Transfer  of  from  criminal  court  of  Cook  coimty,  17. 
Misdemeanors  prosecuted  by  information,  19. 
Forms  of  information  and  complaints  in,  253,  417. 
Practice  in,  17,  19,  244,  249. 
Bail  in,  31. 

Police  officei's  to  act  as  deputy  bailiffs  in,  11,  12. 
Statutory  provisions  in  respect  to,  250,  418. 
Forms  of  information  and  complaint  in  respect  to,  250,  481. 


734  INDEX. 

[beferences  are  to  the  pages.] 

CRIMINAL  COURT  OF  COOK  COUNTY- 

May  transfer  eases  to  the  municipal  court,  17. 
l^ower  with  respect  to  criminal  cases  transferred,  17. 
Jurisdiction  of  municipal  court  in  cases  transferred  from,  1,  2. 

CRUELTY  TO  ANIMALS - 
Ordinance  in  regard  to,  450. 
Forms  of  complaint,  450,  451. 
Criminal  statutory  provisions  as  to,  303. 
Forms  of  complaint,  303,  305. 

CRUELTY  TO  CHILDREN- 
Ordinance  in  regard  to,  451. 
Forms  of  complaint,  452,  454. 

DAYTON  STREET  MARKET- 
Ordinance  in  regard  to,  454. 

DEADLY  WEAPONS- 

Ordinance  in  regard  to,  455. 

Criminal  statutory  provisions  as  to,  305. 

Forms  of  complain,  306. 

DEFACING  PUBLIC  BUILDINGS,  &e.- 
Ordinance  in  regard  to,  455. 
Forms  of  complaint,  455. 

DEFACING  SIGNS,  FENCES,  &c.-^ 
Ordinance  in  regard  to,  455. 
Forms  of  complaint,  455. 

DEFAULT- 

Entered  for  want  of  appearance,  123. 
How  and  when  set  aside,  123. 
Assessment  of  damages  on,  123. 
In  cases  of  fourth  and  fifth  classes,  28. 

DEFENSES- 

Nature  of— How  ascertained  before  trial,  27. 

DEFORMED    LIMBS,      (See    Exposing    Deformed   or   Mutilated 
Limbs.) 

DELICATESSEN  STORES- 
Ordinance  in  regard  to,  486. 
Fonns  of  complaint,  486. 

DEPARTMENT  OF  HEALTH.   (See  Health  Department.) 


INDEX.  735 

[EEFEBENCES    ABE   TO   THE   PAGES.] 

DEPUTY  BAILIFFS - 
How  appointed,  11. 
Salaries — How  fixed,  11. 
How  removed,  11. 
Not  to  accept  gratuities,  12. 
Police  officers  to  be  ex  officio. 

DEPUTY  clerks- 
How  appointed,  9. 
Salaries— How  fixed,  9. 
How  removed,  10. 
May  be  shorthand  reporters,  10. 
To  assist  parties  to  suits,  10. 
Not  to  accept  gratuities,  12. 

DESIGNATION  OF  BRANCH  COURTS— 

By  numbers  or  otherwise,  4. 

To  be  made  by  chief  justice,  4. 
DETECTIVE  AGENCIES- 

Ordinance  in  regard  to,  456. 
DISMISSAL- 

Of  suit  not  allowed  after  filing  of  plea  or  notice  of  set-off.  120. 
DISORDERLY    HOUSES.       (See    III    Governed    or    Disorderly 

Houses.) 
DISCHARGE- 

Of  defendant  in  criminal  case  for  want  of  prosecution,  19. 
DISORDERLY  CONDUCT- 

Criminal  statutory  provisions  as  to,  307. 

Forms  of  complaint,  307,  309. 

Ordinance  in  regard  to,  456. 

Forms  of  complaint  in  ordinance  cases,  456,  458. 
DISTILLERS- 

Ordinance  in  regard  to,  445. 
DISTRIBUTING  MEDICINE- 

Ordinance  in  regard  to,  458. 

DISTRIBUTION  OF  HAND-BILLS- 

Ordin'ance  in  regard  to,  458. 

Forms  of  complaint,  458. 
DISTRESS  FOR  RENT- 

Jurisdiction  of  municipal  court  in,  1,  2. 

Practice  in  eases  of  first  class  of,  20,  177. 

Where  cases  of  the  fourth  class  of  are  to  be  brought,  177. 


736  INDEX. 

[BEFEEENCES   ABE   TO   THE    PAGES.] 

DISTRESS  FOR  RENT- Continued. 
Claim  for  rent  in  cases  of,  29. 

How  practice  in  cases  of  the  fourth  class  differs  from  that  in  the 
circuit  court,  178. 

1.  No  written  pleadings,  29,  178. 

2.  Summons — how  returnable,  29,  178. 

3.  Mode  of  trial  and  proceedings  subsequent  to  triial,  30,  178. 

DISTRESS  FOR  RENT  STATUTE  REWRITTEN- 
Sec.  16.  What  property  may  be  distrained,  178. 
Sec.  17.  Return  of  distress  warrant— Inventory,  179. 
Sec.  18.  Summons — Returnable,  179. 
Sec.  19.  Notice  to  non-residents,  &c.,  179. 
Sec.  20.  Proceedings— Pleading,  179. 
Sec.  21.  Setoff,  180. 
Sec.  22.  Judgment  for  plaintiff,  180. 
Sec.  23.  Effect  of  judgment  when  defendant  served,  180. 
Sec.  24.  Judgment  by  default  when  defendant  not  served,  180. 
Sec.  25.  When  judgment  in  favor  of  defendant — Setoff,  180. 
Sec.  26.  Release  of  property  distrained— Bond,  180. 
Sec.  27.  Perishable  property,  181. 

DISTRICTS- 

City  divided  into,  3-4. 

Boundaries  of,  3-4. 

Number  and  boimdaries  of— How  changed,  4. 

DISTURBING  ASSEMBLIES  MET  FOR  WORSHIP— 

Ordinance  in  regard  to,  459. 

Forms  of  complaint,  459. 

Criminal  statutory  provisions  as  to,  307. 

Forms  of  complaint,  308. 

DIVORCE- 

Criminal  statutory  provisions  as  to,  309. 

DOGS- 

Ordinance  in  regard  to,  459. 
Forms  of  complaint,  459. 

DRAINAGE- 

Criminal  statutory  provisions  as  to,  309. 

DRAINS  AND  SEWERS- 
Ordinance  in  regard  to,  459. 
Forms  of  complaint,  459,  460. 


INDEX.  737 

[eefebences  ake  to  the  pages.] 

DRAMSHOPS.     (See  Saloons  and  Dramshops.) 
Criminal  statutoiy  provisions  as  to,  310. 
Forms  of  information,  310-313. 

DRAYS.     (See  Public  Carts,  Express  Wagons,  Furniture  Vans, 

Trucks,  Drays,  &c.) 
DRINKING  WATER- 

Ordinance  in  regard  to,  460. 
DRIVERS - 

Criminal  statutory  provisions  as  to,  313. 

Forms  of  complaint,  313. 
DRUGGISTS- 

Ordinance  in  regard  to,  460. 

Forms  of  complaint,  460-462. 
DRUGS.     (See  Abortifacient  Drugs.) 

Criminal  statutory  provisions  as  to,  314. 

Forms  of  complaint,  314-315. 
DRUNKENNESS- 

Criminal  statutory  provisions  as  to,  315. 

Form  of  complaint,  315-316. 
DUELING- 

Criminal  statutory  provisions  as  to,  316. 

Forms  of  information,  316,  317. 

DUST-FEATHERS-NOXIOUS  MATTERS— 

Ordinance  in  regard  to,  462. 
DUTIES- 

Of  chief  justice,  4,  5,  6,  18,  19,  25,  28,  36,  62. 

Of  associate  judges,  6,  9,  10,  11,  12,  13. 

Of  clerk,  9. 

Of  deputy  clerks,  10. 

Of  bailiff,  10,  11. 

Of  deputy  bailiffs,  11,  12. 
DYNAMITE.     (See  Gun  Powder,  Dynamite  and  High  Explosives.) 
ELECTION- 

Of  judges  and  associate  judges,  7. 

Of  additional  judges,  8. 

Of  judges  in  case  of  invalidity  of  sections  9  and  12,  39. 

Of  clerk,  9. 

Of  bailiff,  9. 
ELECTIONS- 

Criminal  statutory  provisions  as  to,  317,  318. 
47 


738  INDEX. 

[befeeences  ake  to  the  pages.] 

ELECTRICITY- 

Ordinance  in  regard  to,  462. 
Forms  of  complaint,  462,  463. 

ELECTRIC  WIRES  OR  RAILWAYS- 

Ordinance  in  regard  to,  463. 

ELECTROLYSIS- 

Ordinanee  in  regard  to,  463. 

ELEVATED    PLATFORMS.      (See    Signs-Illuminated   on    Ele- 
vated Platforms.) 

ELEVATED  RAILROADS- 

Ordinauce  in  regard  to,  463. 

ELIGIBILITY- 

Of  judges,  7,  8. 

EMBEZZLEMENT- 

Criminal  statutory  provisions  as  to,  321,  325. 

EMPLOYMENT- 

Criminal  statutory  provisions  as  to,  325. 
Forms  of  complaint,  326,  342. 

ENFORCEMENT  OF  JUDGMENTS- 

In  cases  of  the  Urst  and  second  classes,  38. 

In  cases  of  the  third,  fourth  and  fifth  classes,  39. 

ENTRIES- 

Abbreviated  forms  of,  to  be  prescribed  by  chief  justice,  38. 

EQUITY- 

Jurisdietiou  of  municipal  court  in,  1. 

ERROR- 

Assignment  of,  as  to  nilings  on  matters  of  practice,  not  allowed, 

12,  14,  17. 
Writs  of.     (See  Error^  Writs  of.) 

ERRORS-WRITS  OF- 

To  what  court  to  be  taken  in  cases  of  first,  second  and  third 

classes,  14. 
Practice  in  respect  to  in  cases  of  first,  second  and  third  classes, 

14,  236,  240. 
To  what  court  to  be  taken  in  cases  of  fourth  and  fifth  classes,  14. 
Practice  in  respect  to  in  cases  of  fourth  and  fifth  classes,  14,  17, 

241,  243. 
Decisions  on  questions  of  practice  reviewable  on  when,  17. 


I 


INDEX.  '  739 

[BEFEBENCES    ABE   TO   THE   PAGES.] 

ESCAPE- 

Criminal  statutory  provisions  'as  to,  342. 

Forms  of  information,  342,  344. 
ESTRAYS  AND  LOST  PROPERTY- 

Criminal  statutoiy  provisions  as  to,  344,  345. 
EXAMINATION  OF  ADVERSE  PARTIES- 

Interrogatories  may  be  filed,  24. 

Number  and  character  of  interrogatories,  216,  217. 

Cross-examination  at  trial,  24,  216. 

Re-examination  not  permissible,  217. 

EXCAVATIONS.     (See  Clay  Holes  and  Excavations.) 
Ordinance  in  regard  to,  448,  462. 

EXECUTIONS- 

On  judgments  of  justice  of  the  peace,  and  by  whom  issued,  37. 
On  judgments  of  municipal  court,  38,  39. 

EXHIBITING  WILD  ANIMALS - 
Ordinance  in  regard  to,  464. 

EXHIBITIONS  OF  ANIMALS-INDECENT.     (See  Indecent  Ex- 
hibitions OF  Animals.) 

EXPENDITURES- 

Not  otherwise  provided  for  may  be  authorized  by  City  Council,  5. 

EXPLOSIVES- 

Ordinance  in  regard  to,  464. 

Criminal  statutoi-y  provisions  as  to,  345. 

Forms  of  information,  345,  346. 

EXPOSING  DEFORMED  OR  MUTILATED  LIMBS- 
Ordinance  in  regard  to,  464. 

EXPOSURE— INDECENT.     (See  Indecent  Exposure.) 

EXPRESS  WAGONS.     (See  Public  Carts,  Express  Wagons  and 

Furniture  Vans.) 
EXTORTION- 

Criminal  statutoi-y  provisions  as  to,  346. 

Forms  of  information,  346,  347. 

FALSE  ADVERTISEMENTS- 

Criminal  statutory  provisions  as  to,  348. 
Forms  of  complaint,  348,  349. 

FALSE  IMPRISONMENT- 

Criminal  statutory  provisions  as  to,  349,  350. 
Forms  of  infoi-mation,  350. 


740  INDEX. 

[references  are  to  the  pages.] 

FALSELY  PERSONATING  ANOTHER- 
Criminal  statutory  provisions  as  to,  353. 
rorms  of  information,  353,  354. 

FALSE  PRETENSES- 

Criininal  statutoiy  provisions  as  to,  350. 

Forms  of  information,  350,  353. 
FALSE  REPRESENTATIONS   BY  MINORS- 

Ordinance  in  reg'ard  to,  487. 

Forms  of  complaint,  487. 
FALSELY  STAMPING  CANNED  OR  PRESERVED  FOOD- 

Criminal  statutory  provisions  as  to,  354. 

Forms  of  information,  354,  355. 
FAULTY  COUNTS- 

Disregarded,   128. 
FEATHERS- 

Ordinance  in  regard  to,  462. 
FEES- 

Criminal  statutory  provisions  as  to,  355. 

Forms  of  information,  355,  356. 

FENCES- 

Criminal  statutory  provisions  as  to,  356. 
Forms  of  complaint,  356. 
Ordinance  in  regard  to  defacing,  455. 

FERTILIZERS- 

Criminal  statutory  provisions  as  to,  356,  358. 

FIFTH  DISTRICT- 

Boundaries  of,  4 
FILTHY  ACTS.    (See  Indecent,  Lewd  and  Filthy  Acts.) 

FINES- 

To  be  collected  by  clerk,  35,  36. 

When  to  be  paid  to  clerk,  35,  36. 

Disposition  of,  when  collected  by  clerk,  35,  36. 
FIRE  DEPARTMENT— 

Ordinance  in  regard  to,  466. 

Forms  of  complaint  466,  467. 

FIRE  ESCAPES- 

Criminal  statutory  provisions  'as  to,  357. 

Forms  of  complaint,  357. 
FIREWORKS- 

Ordinance  in  regard  to,  465. 


INDEX.  741 

[befeeences  are  to  the  pages.] 

FIRE  ARMS,  FIREWORKS  AND  CANNON- 

Ordinance  in  regard  to,  4G4. 

Forms  of  complaint,  464,  465. 
FIRST  DISTRICT- 

Boundaries  of,  3. 
FISH- 

Ordinanee  in  regard  to,  467. 

Forms  of  complaint,  467. 

Criminal  statutory  provisions  as  to,  357,  358. 
FISHMONGERS- 

Ordinance  in  regard  to,  486. 

Forms  of  complaint,  486. 
FLAGS- 

Criminal  statutory  provisions  as  to,  358. 

Forms  of  complaint,  358. 
FLIPPING  CARS  BY  MINOR S- 

Ordinance  in  regard  to,  487. 

Forms  of  complaint,  488. 
FLYING  KITES  IN  STREETS- 

Ordinanee  in  regard  to,  467. 
FORCIBLE  DETAINER— 

Jurisdiction  in  cases  of,  2,  29. 

Where  to  be  brought,  182. 

How  practice  differs  from  that  in  circuit  court,  29,  183. 

1.  No  written  pleadings,  29,  183. 

2.  How  summons  returnable,  29,  183. 

3.  Claim  for  rent  up  to  $1,000  united  with  claim  for  the  pos- 

session, 29,  183. 

4.  Mode  of  trial  and  proceedings  subsequent  to  trial,  29,  183. 

FORCIBLE  DETAINER  ACT  REWRITTEN— 
See.  5,  Complaint— Summons,  184. 
Sec.  8.  Summons— When  returnable,  185. 
Sec.  9.  Service  of  summons— Publication,  185. 
Sec.  11.  Mode  of  trial,  186. 
See.  12.  Trial  ex  'parte,  186. 
Sec.  13.  Judgment  for  whole  of  premises,  186. 
See.  14.  Judgment  for  part  of  premises,  186. 
Sec.  15.  Several  tenants,  186. 
See.  16.  Judgment  against  plaintiff,  186. 
Sec.  17.  Dismissal  as  to  j)art— Judgment  as  to  part,  186. 
Sec.  18.  Writ  of  error— Writ  of  restitution— Bond,  187. 


742  INDEX. 

[BEFEBENCES    ABE   TO   THE   PAGES.] 

FOREIGN  INSURANCE  COMPANIES- 

Ordinance  in  regard  to,  467. 
FORGERY  AND  COUNTERFEITING- 

Criminal  statutory  provisions  as  to,  358. 

Forms  of  complaint,  359,  362. 
FORMS  OF  COMPLAINT  IN  QUASI  CRIMINAL  CASES— 

Air  gmi,  437 

Amusements,  437 

Animals,  horses,  and  vehicles,  438. 

Auctions  and  auctioneers,  440. 

Automobiles,  440. 

Bathing  within  city  limits,  442. 

Billiards  and  pool  tables,  bowling  or  pin  and  ball  alleys,  443. 

Bill  posters  and  posting,  443. 

Blasting,  444. 

Bread,  444. 

Brokers,  445. 

Burglai-'s  tools,  446. 

Cabbage  plant,  447. 

Casting  rinds  and  peels  on  sidewalk,  447. 

Cigarettes,  448. 

Cocame— Sale  of,  449. 

Cruelty  to  animals,  450. 

Cruelty  to  children,  451. 

Defacing  public  buildings,  &c.,  455. 

Defacing  signs,  fences,  &c.,  455. 

Disorderly  conduct,  456. 

Distribution  of  handbills,  458. 

Disturbing  assemblies  met  for  worship,  458. 

Dogs,  459. 

Drains  and  sewers,  459. 

Druggists,  460. 

Electricity,  462. 

Fire  arms,  fireworks  and  cannon,  464. 

Fire  department,  466. 

Fish,  467. 

Fruits,  berries  and  vegetables,  468. 

Gaming,  468. 

Garbage,  ashes  and  refuse,  470. 

Gas,  471. 

Grades,  472. 

Gunpowder,  dynamite  and  high  explosives,  472. 

Houses  of  ill  fame  or  assignation,  474. 


INDEX.  743 

[EEFEEENCES    ABE   TO   THE    PAGES.] 

FORMS  OF  COMPLAINT  IN  QUASI  CRIMINAL  CASES-ConU 
House  of  correction,  474. 
Ill-govenied  or  disorderly  houses,  476. 
Immature  calf,  pig  or  lamb,  477. 
Impure  literature  relating  to  diseases,  477. 
Indecent  exhibition  of  animals,  478. 
Indecent  exposure,  478. 
Indecent,  lewd  and  filthy  acts,  479. 
Indecent  literature  and  immoral  exhibitions,  479. 
Injuries  by  automobiles,  bicycles,  carriages,  &c.,  480. 
Library,  481. 
Licenses,  482. 
Lights  on  vehicles,  482. 
Liquor,  483. 

Loungers  and  loafers,  485. 
Meat  and  fowl  prohibited,  486. 

Meat  markets,  delicatessen  stores,  poulterers  and  fish  mongers,  486. 
Milk  and  food,  486. 
Minors— False  representation  by,  487. 
Minors — Flipping  cars  by,  487. 
Minors — Gambling  in  saloons  by,  488. 
Minors— Intoxication  of  or  purchasing  liquors  by,  488. 
Minors— Sale  of  materials  impregnated  with  liquors,  489. 
Minors— Sale  of  tobacco  to,  489. 
Mutilation  of  posters,  489. 
Night  scavengers,  490. 
Night  walkers,  490. 
Nuisances,  491. 

Objects  on  window-sills,  etc.,  492. 
Obstructing  gutters,  sewers  and  pipes,  493. 
Opium  smoking  or  inhaling  rooms,  494, 
Parks  and  public  grounds,  494. 
Pawn  brokers,  496. 
Peddlers,  499. 

Poisonous  medicines  or  decoctions,  500. 
Police,  501. 

Privy,  vault,  sink,  cess-pool,  503. 
Prohibited  advertisements  in  newspapers,  505. 
Spitting  on  sidewalk,  &c.,  509. 

Stalls  where  meat,  fish  or  vegetables  are  sold— Cleanliness  of,  510. 
Theater  hats,  512. 
Tunnels,  513. 


744  INDEX. 

[BBIFEEENCES    ABE    TO   THE   PAGES.] 

FORMS  OF  COMPLAINT  IN  QUASI  CRIMINAL  CASES-Con'd. 
Unwholesome  and  adulterated  food,  drugs,  water,  &c.,  514. 
Unwholesome  vegetables,  515. 
Vagabonds  and  vagrants,  515. 
Vehicle  signs,  517. 
Work  shops,  519. 

FORMS    OF  INFORMATION  OR  COMPLAINT  IN  CRIMINAL 

CASES- 
Abandonment,  253-254. 
Abduction,  254-255. 
Abortifacient  drugs,  255-256. 
Adulteration,  257-270. 
Adultery,  270-271. 

Agriculture  and  horticulture,  271-273. 
Animals  and  birds,  274-277. 
Apprentices,  278. 
Arson,  279. 

Assault  and  battery,  279. 
Assault  with  deadly  weapons,  280. 
Attempts,  280. 
Attorneys,  281. 
Automobiles,  281-282. 
Barratrj^  and  maintenance,  282-283. 
Bicycle  riding,  283. 
Canada  thistles,  284. 
Canal,  285. 
Castor  beans,  285. 
Cemeteries,  286. 
Charities,  286-287. 
Children,  288-289. 
Cities,  villages  and  towns,  290-293. 
Civil  rights,  294. 
Cocaine,  295. 
Coloring  grain,  296-297. 
Compounding  a  crime,  297. 
Concealing  death  of  bastard,  298. 
Concealing  property,  298. 
Conspiracy  to  indict,  299. 
Corporations,  301-302. 
Cruelty  to  animals,  303-305. 
Deadly  weapons,  306. 
Disorderly  conduct,  307-309. 


INDEX,  745 

[BEFEBETfCES    ABE    TO    THE    PAGES.] 

FORMS   OF   INFORMATION   OR   COMPLAINT   IN   CRIMINAL 

CASES- Continued. 
Dramshops,  310-313. 
Drovers,  313. 
Drugs,  314-315. 
Drunkenness,  315-317. 
Dueling,  316-317. 
Employment,  326-342. 
Escape,  342-344. 
Extortion,  346-347. 
False  advertisements,  348-349. 
False  imprisonment,  350. 
False  pretenses,  350-353. 
Falsely  personating  another,  353-354. 
Falsely  stamping  canned  or  preserved  food,  354-355. 
Fees,  355-356. 
Fences,  356. 
Fire  escapes,  357. 
Flags,  358. 

Forgery  and  counterfeiting,  359-362. 
Gambling,  364-370. 

Graves,  graveyards  and  cemeteries,  371-372. 
Immoral  newspapers,  373-374, 
Intimidation,  378-379. 
Larceny,  380-381. 
Libel,  381. 

Lotteries  and  lottery  policies,  382-384. 
Malicious  mischief,  386-387. 
Resistance  of  officers,  400-401. 

Seduction,  406.  ' 

Sunday,  410. 
Tobacco,  412. 
Trespass,  414. 
Vagabonds,  416-417. 

FOUNDRY-I^IANUFACTORY— 

Ordinance  in  regard  to,  467. 

FOURTH  DISTRICT- 
Boundaries  of,  3. 

FOWL— PROHIBITED.     (See  Meat  and  Fowl  Prohibited.) 

FRAUDULENT  CONVEYANCES- 

Criminal  statutory  provisions  as  to,  363. 


746  INDEX, 

[BEFEBENCES    ABE   TO   THE   PAGES.] 

FRAUDULENTLY  PERSONATING  OFFICERS   OR  MEMBERS 
OF  LODGE  OR  SOCIETY- 

Criminal  statutory  provisions  as  to,  363. 
FRAUDULENT  PRESCRIPTIONS- 

Ordinance  in  regard  to,  467. 
FRUITS,  BERRIES  AND  VEGETABLES- 

Ordinance  in  regard  to,  468. 

Forms  of  complaint,  468. 

FRUIT    STORES    AND    ICE   CREAM  PARLORS -LICENSING 
OF- 

Ordinance  in  regard  to,  468. 
FURNITURE- 

For  municipal  court  to  be  provided  by  city  of  Chicago,  5. 
FURNITURE  VANS.     (See  Public  Carts,  Express  Wagons  and 

Furniture  Vans.) 
GAMBLING- 

Criminal  statutory  provisions  as  to,  363-364. 

Forms  of  infoi'mation,  364-370. 

In  saloons  by  minors,  488. 
GAME- 

Criminal  statutory  provisions  as  to,  370,  371. 
GAMES  AND  PERFORMANCES  IN  STREETS  OR  IN  PREMISES 
ABUTTING  ON  STREETS- 

Ordinance  in  regard  to,  468. 
GAMING- 

Ordinance  in  reg'ard  to,  468. 

Forms  of  complaint,  468-470. 
GARAGES- 

Ordinanee  in  regard  to,  441. 
GARBAGE,  ASHES  AND  REFUSE-^ 

Ordinance  in  regard  to,  470. 

Form  of  complaint,  470-471. 
GARNISHMENT- 

Practice  to  conform,  as  near  as  may  be,  to  that  in  circuit  court,  188. 
GARNISHMENT  ACT  REWRITTEN- 

Sec.    1.  Garnishment  on  judgment,  188. 

Sec.    2.  Service  of  writ— Returnable,  189. 

Sec.    3.  Return  of  writs,  189. 

Sec.    5.  Interrogatories  and  answer,  189. 

Sec.    7.  Issue— How  made  and  tried,  190. 


INDEX.  747 

[BEFEBENCES    ABE   TO   THE   PAGES.] 

GARNISHMENT  ACT  REWRITTEN- Continued. 
Sec.    8.  Conditional  and  final  judgment,  190. 
Sec.    9.  Notice  when  sci.  fa.  not  served,  190. 

Sec.  10.  When  judgment  against  original  defendant  necessary,  191. 
Sec.  11.  Adverse  claimants,  191. 
See.  12,  Adverse  claims— Trial,  191. 
Sec.  13.  Deductions  and  set-offs  of  garnishee,  191. 
Sec.  14.  Wages  exempt— Demand— Notice— Costs,  192. 
Sec.  15.  Negotiable  paper,  193. 
Sec.  16.  Effect  of  judgment,  193. 
Sec.  17.  A  discharge  no  bar,  183. 
Sec.  19.  Execution  not  to  issue  mitil  debt  due,  193. 
Sec.  20.  Goods,  &c.,  surrendered  in  execution,  193. 
Sec.  21.  When  property  is  pledged,  193. 
Sec.  22.  When  plaintiff  may  perform  conditions,  194. 
See.  23.  Sale — Application  of  proceeds,  194. 
Sec.  24.  Equitable  powers  of  court,  195. 
Sec.  25.  When  garnishee  refuses  to  deliver  property,  195. 
See.  26.  Rights  of  garnishee,  195. 
Sec.  27.  Costs— Fees  to  garnishee,  195, 
Sec.  28.  Appeals  and  writs  of  error,  195. 
Sec.  34.  Wages  of  non-resident,  195. 
See.  34a.  Wages  earned  out  of  state,  195. 

See.  35.  When  administrators  and  executors  may  be  gamisheed,  196. 
Sec.  36.  Salary  or  wages  of  officer  or  employe  of  municipal  cor- 
poration, 196. 
Sec.  38.  When  answer  to  be  filed,  197. 
See.  39.  Court  to  try  right  of  parties  to  deposit,  197. 
Sec.  40.  Filing  of  interrogatories— Answer  of  garnishee,  197. 

GAS- 

Ordinanee  in  regard  to,  471. 

Forms  of  complaint,  471. 
GAS  MANUFACTORY- 

Ordinance  in  regard  to,  472. 

GAS-PRICE  OF- 

Ordinance  in  regard  to,  471. 

GRAVES,  GRAVEYARDS  AND  CEMETERIES— 
Criminal  statutoiy  provisions  as  to,  371. 
Forms  of  mformation,  371-372. 

GENERAL  ASSEMBLY- 

Criminal  statutoiy  provisions  as  to,  371. 


748  INDEX. 

[befebences  are  to  the  pages.] 

GENERAL  VERDICT- 

Controlled  by  special  finding,  130. 
GIFTS- 

Acceptanees  of  by  officers  of  court  forbidden,  12. 

GOODS  IN  STREETS-CLEANING  OF- 

Ordinance  in  regard  to,  448." 
GRADES- 

Ordinance  in  regard  to,  472. 

Forms  of  complaint,  472. 
GRAIN-COLORING.     (See  Coloring  Grain.) 
GRATUITIES- 

Acceptances  of  by  officers  of  court  forbidden,  12. 
GUN  CLUBS.     (See  Shooting  Galleries,  Rifle  Ranges  and  Gun- 
Clubs.) 
GUN  POWDER,  DYNAMITE  AND  HIGH  EXPLOSIVES- 

Ordinance  in  regard  to,  472. 

Forms  of  complaint,  472. 
GUTTERS— OBSTRUCTING.     (See  Obstructing  Gutters,  Sewers 

and  Pipes.) 
HABEAS  CORPUS- 

Criminal  statutory  provisions  as  to,  372. 

HACKS- 

Ordinance  in  regard  to,  447. 
HANDBILLS.    (See  Distribution  of  Handbills.) 
HARBOR,  HARBORMASTER,  BRIDGES,  WHARVES  AND  VES- 
SELS- 

Ordinance  in  regard  to,  472. 

HAZING- 

Criminal  statutory  provisions  as  to,  372. 

HEALTH  DEPARTMENT- 
Ordinanee  in  regard  to,  473. 

HEALTH  PROVISIONS  GENERALLY-VIOLATION  OF- 
Ordinances  in  regard  to,  473. 

HIGH  EXPLOSIVES.     (See  Gun  Powder,  Dynamite  and  High  Ex- 
plosives. ) 

HISTORY  OF  MUNICIPAL  COURT  ACT- 

Chicago  New  Charter  Convention  Committee,  41. 

Original  bill  drafted.  41. 

Provisions  of  original  bill,  41,  42,  550,  5S6. 


INDEX.  749 

[references  are  to  the  pages.] 

HISTORY  OF  MUNICIPAL  COURT  ACT -Continued. 

Original  bill  introduced,  42. 

Opposition  to  original  bill,  42. 

House  Bill  No.  281  prepared,  42. 

Provisions  of  House  Bill  No.  281,  42,  629,  644. 

Address  prefixed  to  House  Bill  No.  281,  629. 

Senate  Bill  No.  207  introduced,  43. 

House  Bill  No.  422  introduced,  43. 

Differences  between  House  Bill  No.  422  and  the  original  bill,  43. 

Provisions  of  House  Bill  No.  422,  587,  625. 

House  Bill  No.  422  amended  and  passed  by  Senate,  44. 

Provisions  of  House  Bill  No.  422  as  amended  and  passed  by  Senate, 
645,  652. 

Conference  committee  report  adopted,  44. 

Act  consented  to  by  legal  voters  of  Chicago,  44. 
HORSE  FLESH- 

Ordinance  in  regard  to,  473. 
HORTICULTURE.    (See  Agriculture  akd  Horticulture.) 
HOSPITALS- 

Ordinance  in  regard  to,  474. 
HOUSE  BILL  NO.  98- 

Provisions  of,  41,  42,  550,  586. 

Introduced  into  the  house,  42. 
HOUSE  BILL  NO.  281. 

Provisions  of,  42,  629,  644. 

Introduced  into  the  house,  42. 

Address  prefixed  to,  629. 
HOUSE  BILL  NO.  422- 

Reported  to  the  House,  43. 

Provisions  of,  43,  587,  625. 

Amended  by  Senate,  44. 

Non-concurrence  of  House  in  amendments  to,  44. 

Refusal  of  Senate  to  recede  from  the  amendments  to,  44. 

Report  of  conference  committee  on,  adopted,  44. 
HOUSE  OF  CORRECTION- 

Ordinance  in  regard  to,  474. 

Forms  of  complaint,  474-475. 
HOUSES  OF  ILL  FAME  OR  ASSIGNATION- 

Ordinance  in  regard  to,  474. 

Forms  of  complaint,  474. 
HOUSE  MOVERS- 

Ordinance  in  regard  to,  475. 


750  INDEX. 

[BEFEEENCES   ABE   TO   THE  PAGES.]' 

HUMAN  BODY- 

Ordinance  in  regard  to,  475. 

ICE- 

Criniinal  statutoiy  provisions  as  to,  372. 

Ordinance  as  to,  47(5. 
ICE  CREAM  PARLORS.    (See  Fruit  Stores,  Ice  Cream  Parlors- 
Licensing  OF.) 
ILL-GOVERNED  OR  DISORDERLY  HOUSES- 

Ordinance  in  regard  to,  476. 

Forms  of  complaint  under  ordinance  as  to,  476-477. 

Criminal  statutory  provisions  as  to,  307. 

Forms  of  complaint  under  statute  as  to,  308. 

IMMATURE  CALF,  PIG  OR  LAMB- 
Ordinance  in  regard  to,  477. 
Forms  of  complaint,  477. 

IMMORAL  EXHIBITIONS.     (See  Indecent  Literature  and  Im- 
moral Exhibitions.) 

IMMORAL  NEWSPAPERS- 

Criminal  statutory  provisions  as  to,  373. 
Forms  of  information,  373-374. 

IMPRISONMENT- 

Jurisdiction  of  mmiicipal  court  in  cases  punishable  by  otherwise 
than  in  penitentiary,  2. 

IMPURE  LITERATURE  RELATING  TO  DISEASES- 
Ordinance  in  regard  to,  477. 
Forms  of  complaint,  477-478. 

INCLOSING  WALLS  OR  FENCES  OF  RAILWAYS- 
Ordinance  in  regard  to,  478. 

INCORPORATED  COMPANIES- 

Service  of  process  on  in  cases  of  first  class,  20. 
Service  of  process  on  in  cases  of  fourth  and  fifth  classes,  27. 
Cases  of  first  class  against— Where  to  be  brought,  20. 
Cases  of  fourth  and  fifth  classes  agamst— Where  to  be  brought, 
21-22. 

INCREASE  OF  JUDGES- 
How  effected,  8. 

INDECENT  EXHIBITIONS  OF  ANIMALS— 

Ordinance  in  regard  to,  478. 
Forms  of  complaint,  478. 


INDEX.  751 

[beferences  are  to  the  paces.] 

INDECENT  EXPOSURE- 

Ordinance  in  regard  to,  478. 

Forms  of  complaint,  478-479. 
INDECENT,  LEWD  AND  FILTHY  ACTS— 

Ordinance  in  regard  to,  479. 

Forms  of  complaint,  479. 

INDECENT  LITERATURE  AND  IMMORAL  EXHIBITIONS- 

Ordinance  in  regard  to,  479. 
Forms  of  complaint,  479-480. 
INFECTED  ARTICLES.     (See  Contagious  Diseases  and  Infected 

Articles.  ) 

INJURIES  BY  AUTOMOBILES,  BICYCLES,  CARRIAGES,  &C.~ 

Ordinance  in  regard  to,  480. 

Forms  of  complaint,  480-481. 
INSPECTOR  OF  OIL.    (See  Oil  Inspector.) 
INSTRUCTING  THE  JURY- 

In  general,  25,  224,  235. 

English  practice,  224. 

Practice  in  the  United  States  courts  and  in  courts  of  states,  224. 

Practice  in  Illinois  prior  to  1827,  225. 

Practice  in  Illinois  from  1827  to  1847,  225. 

Exceptions  to  charge  prior  to  1872,  226. 

Act  of  1872  as  to  exceptions,  227. 

Purpose  of  act  of  1872,  228. 

Situation  of  trial  judge  mider  act  of  1872,  228. 

Action  of  jury  upon  instructions,  229. 

Defects  discovered  after  verdict,  229-232. 

Defects  easily  obviated,  232. 

Reversible  and  prejudicial  errors,  232. 

Practice  contrasted  with  that  in  chanceiy  cases,  233. 

Disastrous  result  of  system,  233-234. 

Charge  in  municipal  court  to  be  oral  or  in  writing,  25,  234-235. 

Parties  to  be  allowed  to  present  requests  to  charge,  235. 

Jury  to  retire  with  recollection  of  oral  charge  instead  of  written 
instructions,  235. 

Exceptions  to  be  taken  before  juiy  retire,  235. 

For  what  errors  in  charge  judgment  may  be  reversed^  235. 
INSUFFICIENCY  OF  BOND- 

No  dismissal  on  account  of,  133. 
INSURANCE- 

Criminal  statutory  provisions  as  to,  374-378. 


752  INDEX. 

[befeeences  are  to  the  pages.] 

INSURANCE  COMPANIES- 

Suits  against,  where  to  be  brought,  111. 

Ordinance  in  relation  to  foreign,  467. 
INTERCHANGE  OF  JUDGES- 

With  county  judges,  8-9. 

With  city  court  judges,  8-9. 

INTERROGATORIES- 

To  adverse  party  before  trial— "When  allowed  to  be  filed,  24. 
IXTIMIDATION- 

Criminal  statutory  provisions  as  to.  378. 

Forms  of  infoi-mation,  378-379. 
INTOXICATION  OF  MINORS- 

Ordinance  in  regard  to,  488. 

Forms  of  complaint,  488. 

INVALIDITY- 

Of  sections  9  and  12  not  to  vitiate  act,  39. 
Of  portion  of  act  not  to  aifeet  entire  act,  40. 
INVESTIGATION- 

By  judges  of  complaints,  6. 

Judges  to  take  steps  with  respect  thereto,  6. 

issues- 
How  made  up  in  cases  of  first  class  and  cases  of  second  class,  2. 

JAIL- 

Ordinance  in  regard  to,  481. 

JAILS  AND  JAILERS - 

Criminal  statutory  provisions  as  to,  379. 

JOINT  LIABILITY- 

Proof  of— When  unnecessary,  121. 
JUDGMENTS- 

Under  control  of  court  until  after  30  days,  13. 

Appeals  from  in  eases  of  first,  second  and  third  classes,  14. 

Writs  of  error  to  review  in  cases  of  fourth  and  fifth  classes,  14. 

In  criminal  cases  of  second  class — How  enforced,  17. 

Denial  of  supersedeas  operates  as  affirmance  of  when,  15. 

Stay  of  proceedings  on,  15. 

Writ  of  error  by  successful  party  to,  15. 

When  one  in  ease  of  fourth  or  fifth  class  may  be  reversed,  16. 

By  default— How  damages  assessed,  28,  123, 

By  confession,  132. 


INDEX.  753 

[BEFEBENCES   ABE   TO   THE   PAGES.] 

JUDGMENTS -Continued. 

When  not  to  be  rendered  against  party  not  residing  or  found  in 
Chicago,  21. 

Lien  of,  38-39. 

For  money  may  be  satisfied  by  payment  to  clerk,  32. 
JUDGMENTS  BY  CONFESSION- 

May  be  entered  by  municipal  court,  132. 
JUDICIAL  NOTICE- 

By  Supreme  Court  of  rules  of  practice  of  municipal  court,  13. 

Of  ordinances  by  municipal  court,  32. 

Of  statutes  of  other  states  by  municipal  court,  32. 

Of  statutes  of  territories  by  municipal  court,  32. 

JUNK  SHOPS.     (See  Keepers  of  Junk  Shops.) 
JURIES- 

Petit— How  provided,  18. 

Petit— To  be  interrogated,  19. 

Not  qualified  to  be  rejected,  19. 

Challenges  of,  23. 

Examination  of  on  voir  dire,  23. 

Presiding  judge  to  examine,  23. 

Parties  may  examine  as  to  bias  or  prejudice,  23. 
JURISDICTION  OF  MUNICIPAL  COURT- 

In  cases  of  first  class,  1. 

In  cases  of  second  class,  2,  17. 

In  cases  of  third  class,  2. 

In  cases  of  fourth  class,  2. 

In  cases  of  fifth  class,  2. 

Not  lost  by  bringing  suit  in  wrong  district,  22. 
JURY  COMMISSIONERS- 

Jurors  for  municipal  court  to  be  furnished  by,  18. 
JURY  TRIALS- 

In  general,  221-223. 

Jurors  to  be  provided  by  jury  commissioners,  18,  221. 

Number  of  jurors  to  be  determined  by  chief  justice,  18,  221. 

Jurors  to  be  interrogated,  221. 

Jurors  not  possessing  statutory  qualifications  to  be  rejected,  IS,  221. 

Trial  by  jury  must  be  demanded  in  cases  of  first,  fourth  and  fifth 
classes,  23,  222. 

In  civil  cases  six  dollars  advance  payment  of  cost  required,  33-34, 
222. 

Presiding  judge  to  examine  jurors,  23,  222. 
48 


754  INDEX. 

[BEFEBENCES    ABE   TO   THE   PAGES.l 

JTJRY  TRIALS- Continued. 

Parties  entitled  to  examine  jurors  as  to  bias  or  prejudice,  23,  222. 
Limitation  of  review  of  rulings  on  empanelling  of  jmors,  23,  223. 
JUSTICES  OF  THE  PEACE- 

In  (^liicago  to  be  abolished  on  first  Monday  of  December,  1906, 

36-37. 
In  territory  of  Cook  coimty  outside  of  Chicago  to  be  limited,  37. 
Dockets  and  papers  to  be  delivered  to  clerk  of  mimicipal  court,  37, 
Executions  on  judgments  of  to  be  issued  by  clerk  of  municipal 

court,  37. 
Appeals  fi'om  judgments  to  be  allowed  by  municipal  court  when, 

37. 
Cases  not  determined  by  to  be  proceeded  with  by  municipal  court, 

37. 
Unexecuted  writs  issued  by  to  be  returned  to  municipal  court,  37. 
Unexecuted  writs  issued   by  to  be   executed   or  disposed   of  by 

mmiicipal  court,  37. 
KEEPERS  OF  JUNK  SHOPS.     (See  Second-Hand  Dealers  and 
KJEEPERS  OF  Junk  Shops.) 
Ordinance  in  regard  to,  481. 

KILLING  BIRDS  IN  CITY  LIMITS- 

Ordinanee  in  regard  to,  481. 
KITES.     (See  Flying  Kites  in  Streets.) 
LAMB— IMMATURE.    (See  Immature  Calf,  Pig  or  Lamb.) 
LARCENY- 

Criminal  statutory  provisions  as  to,  379-380. 

Forms  of  information,  380-381. 

LEWD  ACTS.     (See  Indecent,  Lewd  and  Filthy  Acts.) 

UBEL- 

Criminal  statutory  provisions  as  to,  381. 
Forms  of  information,  381. 

UBRARIES- 

Criminal  statutory  provisions  as  to,  381. 

LIBRARY- 

Ordinance  in  regard  to,  481. 
Forms  of  complaint,  482. 

UCENSES- 

Ordinance  in  regard  to,  482. 
Forms  of  complaint,  482. 


I 


INDEX,  755 

(BEFEBENCES   ABE  TO  THE  PAGES.] 

LIENS- 

Of  judgments  in  cases  of  first  and  second  classes,  38. 

When  liens  on  real  estate  in  Chicago,  38, 

When  liens  on  real  estate  in  Cook  county,  outside  of  Chicago,  38. 

Of  judgments  in  cases  of  third,  fourth  and  fifth  classes,  39. 

When  liens  on  real  estate  in  Cook  county,  39. 

Criminal  statutory  provisions  as  to,  382, 
LIEUTENANT  OF  POLICE - 

May  admit  persons  arrested  to  bail  when,  31. 
LIGHTS  AT  RAILWAY  CROSSINGS- 

Oi'dinanee  in  regard  to,  482. 
LIGHTS  ON  VEHICLES- 

Ordinanee  on  regard  to,  482. 

Forms  of  complaint,  483. 
LIMITATIONS- 

On  time  of  suing  out  writ  of  error  in  case  of  fourth  or  fifth 
class,  14. 

On  time  within  which  judgment  may  be  vacated  on  motion,  13. 
LINCOLN  PARK  COMMISSIONERS- 

Ordinances  of,  521. 
LIQUOR- 

Ordinance  in  regard  to,  483. 

Forms  of  complamt,  483-485, 
LIQUOR    DEALERS.       (See   Wholesale    Malt    Liquor    Dealers, 
Wholesale  Spirituous  Liquor  Dealers,  Wholesale  Vinous 
Liquor  Dealers.) 
LITERATURE-IMPURE.     (See  Impure  Literature  Relating  to 

Diseases.  ) 
LITERATURE— INDECENT.     (See  Indecent  Literature  and  Im- 
moral Exhibitions.) 
LIVERY  STABLE - 

Ordinances  in  regard  to,  441,  485, 
LOAFERS.  (See  Loungers  and  Loafers.) 
LODGING  HOUSES.     (See  Tenements  and  Lodging  Houses.) 
LOST  PROPERTY.    (See  Estrays  and  Lost  Property.) 
LOTTERIES- 

Ordinance  in  regard  to,  485. 
LOTTERIES  AND  LOTTERY  POLICIES- 

Criminal  statutoiy  provisions  as  to,  382. 

Forms  of  information,  382-384. 


756  INDEX. 

[befebences  are  to  the  pages.] 

LOUNGERS  AND  LOAFERS- 

Ordinance  iii  regard  to,  4S5. 

Forms  of  complaint,  485. 
LUMBER- 

Ordinance  in  regard  to,  485. 
LUNATICS - 

Criminal  statutory  provisions  as  to^  385. 
MAINTENANCE.     (See  Barratry  and  Maintenance.) 

MALICIOUS  MISCHIEF- 

Criminal  statutory  provisions  as  to,  385. 

Forms  of  information,  386-387. 
MANUFACTORY- 

Ordiuanee  in  regard  to,  467. 

MARKS  AND  BRANDS- 

Criminal  statutoiy  provisions  as  to,  387. 
jVIARRIAGES- 

Criminal  statutory  provisions  'as  to.  387. 
MASTERS  IN  CHANCERY- 

Those  of  circuit  and  superior  courts  to  be  ex  ofjido  of  municipal 
court,  32. 
MEAT- 

Ordinance  in  regard  to,  485. 
MEAT  AND  FOWL  PROHIBITED- 

Ordinance  in  regard  to,  486. 

Forms  of  complaint,  486. 
MEAT    MARKETS,    DELICATESSEN    STORES,    POULTERERS 
AND  FISH  MONGERS- 

Ordinance  in  regard  to,  486. 

Forms  of  complaint,  486. 
MEDICINE  AND  SURGERY- 

Criminal  statutory  provisions  as  to,  388-389. 
MEETINGS- 

Of  judges,  6. 
METHOD  OF  PROCEDURE- 

What  will  be  when  not  sufficiently  prescribed  by  the  Municipal 
Court  Act,  32. 

MILK  AND  FOOD- 

Ordinance  hi  regard  to,  486. 
Forms  of  complaint,  4SG-487. 


I 


INDEX.  757 

[BEFEEENCES   ABE   TO   THE   PAGES.] 

MINES  AND  MINING- 

Criminal  statutory  provisions  as  to,  389-390. 
MINORS-FALSE  REPRESENTATIONS  BY— 

Ordinance  in  regard  to,  487. 

Forms  of  complaint,  487. 
MINORS-FLIPPING  CARS  BY- 

Ordinanee  in  regard  to,  487. 

Forms  of  complaint,  488. 
MINORS -GAMBLING  IN  SALOONS  BY- 

Ordinance  in  regard  to,  488. 

Forms  of  complaint,  488. 

MINORS-INTOXICATION    OF    OR    PURCHASING    LIQUORS 
BY- 

Ordinanee  in  regard  to,  488. 
Forms  of  complaint,  488. 

MINORS -SALE     OF     MATERIALS     IMPREGNATED     WITH 
LIQUORS- 
Ordinance  in  regard  to,  489. 
Forms  of  complaint,  489. 

MINORS-SALE  OF  TOBACCO  TO— 
Ordinance  in  reg'ard  to,  489. 
Forms  of  complaint,  489. 

MISCONDUCT  OF  OFFICERS- 

Criminal  statutory  provisions  as  to,  390-391. 

MISDEMEANORS  NOT  ESPECIALLY  PROVIDED  FOR— 

Criminal  statutoiy  provisions  as  to,  391. 

MISDEMEANORS- STATUTORY— 
In  general,  253-418. 
Abandonment,  253. 

Forms  of  information,  253-254. 
Abduction,  254. 

Forms  of  information,  254-255. 
Abortifaeient  Drugs,  255. 

Forms  of  information,  255-256. 
Adultei-ation,  256. 

Forms  of  information,  257-270. 
Adultery,  270. 

Forms  of  information,  270-271. 
Agriculture  and  Horticulture,  271. 

Forms  of  information,  271-273. 


758  KSDEX. 

[UKFEBKNCES    ABK   TO    THE   PAliES.] 

MlSDEMEANOKS-STATUTORY-(^)ntinued. 
Animals  and  Birds,  273-274. 

Forms  of  information,  274-277. 
Aiiprentices,  278. 

Forms  of  information,  278. 
Architects,  278. 
Arson,  278. 

Forms  of  complaint,  279. 
Assault  and  Battery,  279. 

Forms  of  complaint,  279. 
Assault  with  Deadly  Weapons,  279. 

Form  of  information,  280. 
Attempts,  280. 

Form  of  information,  280. 
Attorneys,  280. 

Forms  of  information,  281. 
Automobiles,  281. 

Forms  of  information,  281-282. 
Banks,  282. 
Barratry  and  Maintenance,  282. 

Forms  of  complaint,  282-283. 
Bicycle  Riding,  283. 

Forms  of  infoimation,  283. 
Bribeiy,  283. 
Canada  Thistles,  284. 

Forms  of  comi^laint,  284. 
Canal,  284. 

Forms  of  complaint,  285. 
Castor  Beans,  285. 

Form  of  complamt,  285. 
Cemeteries,  285-28G. 

Forms  of  complaint,  286. 
Charities,  286. 

Forms  of  information,  286-287. 
Children,  288. 

Forms  of  information,  288-289. 
Cities,  Villages  and  Towns,  289-290. 
Forms  of  information,  290-293. 
Civil  Rights,  203-294. 

Form  of  information,  294. 
Civil  Service,  294-295. 
Clerks  of  Courts,  295. 


INDEX.  759 


[BEFEBENCES   ABE  TO  THE  PAGES.] 

MISDEMEANORS-  STATUTORY-  Continued. 

Cocaine,  295. 

Forms  of  information,  296. 
Coloring  Grain,  296. 

Forms  of  information,  296-297. 
Compounding  a  Crime,  297. 

Form  of  information,  297. 
Concealing  Death  of  Bastard,  297. 

Form  of  information,  298. 
Concealing  Property,  298. 

Form  of  complaint,  298. 
Conspiracy  to  Indict,  299. 

Fonn  of  information,  299. 
Coroners,  299. 
Corporations,  299-300. 

Form  of  iufomiation,  301-302. 
Coimties,  302. 
County  Treasurer,  302-303. 
Cruelty  to  Animals,  303. 

FoiTus  of  complaint,  303-305. 
Deadly  Weapons,  305. 

Forms  of  complaint,  306. 
Disorderly  Conduct,  307. 

Forms  of  complaint,  307-309. 
Divorce,  309. 
Drainage,  309. 
Dramshops,  310. 

Forms  of  information,  310-313. 
Drovers,  313. 

Form  of  information,  313. 
Drugs,  314. 

Forms  of  complaint,  314-315. 
Drunkenness,  315. 

Form  of  complaint,  315-316. 
Dueling,  316. 

Forms  of  information,  316-317. 
Elections,  317-318. 
Embezzlement,  321-325. 
Employment,  325. 

Forms  of  complaint,  326-342. 
Escape,  342. 

Forms  of  information,  342-344. 


760  INDEX. 

[EEFEEENCES   ABE  TO  THE  PAGES.] 

MISDEMEANORS- STATUTORY- Coiitiiuicd. 
Estrays  and  Lost  Property,  344-345. 
Explosives,  345. 

Forms  of  information,  345-346. 
Extortion,  346. 

Forms  of  information,  346-347. 
False  Advertisements,  348. 

Forms  of  complaint,  348-349. 
False  Impiisonment,  349-350. 

Forms  of  information,  350. 
False  Pretenses,  350. 

Fonns  of  information,  350-353. 
Falsely  Personating  Another,  353. 

Fonns  of  information,  353-354. 
Falsely  Stamping  Canned  or  Preserved  Food,  354. 

Forms  of  information,  354-355. 
Fees,  355. 

Forms  of  information,  355-356. 
Fences,  356. 

Forms  of  complaint,  356. 
Fertilizers,  356-357. 
Fire  Escapes,  357. 

Forms  of  complaint,  357. 
Fish,  357-358. 
Flags,  358. 

Forms  of  complaint,  358. 
Forgery  and  Counterfeiting,  358. 

Forms  of  complaint,  359-362. 
Fraudulent  Convej'anees,  363. 

Fraudulently  Personating  Officers  or  Members  of  Lodge  or  So- 
ciety, 363. 
Gambling,  363-364. 

Forms  of  mformation,  364-370. 
Game,  370-371. 
General  Assembly,  371. 
Graves,  Graveyards  and  Cemeteries,  371. 

Forms  of  information,  371-372. 
Habeas  Corpus,  372. 
Hazing,  372. 
Ice,  372. 
Immoral  Newspapers,  373. 

Forms  of  information,  373-374. 


INDEX.  761 

[EEFEBENCES   ABE  TO  THE  PAGES.] 

MISDEMEANORS-STATUTORY-Continued. 
Insurance,  374-378. 
Intimidation,  378. 

Fonns  of  information,  378-379. 
Jails  and  Jailers,  379. 
Larceny,  379-380. 

Forms  of  information,  380-381. 
Libel,  381. 

Forms  of  information,  381. 
Libraries,  381. 
Liens,  382. 
Lotteries  and  Lottery  Policies,  382. 

Forms  of  information,  382-384. 
Lmiatics,  385, 
Malicious  Mischief,  385. 

Forms  of  information,  386-387. 
Marks  and  Brands,  387. 
Marriages,  387. 

Medicine  and  Surgeiy,  388-389. 
Mines  and  Mining^  389-390. 
Misconduct  of  Officers,  390-391. 
Misdemeanors  not  Especially  Provided  for,  391. 
Names,  391. 
Nuisances,  391-392. 
Obscene  Publications,  392. 
Officers,  392. 
Oil  Inspection,  392. 
Parks,  393. 
Paupers,  393. 
Pawn  Brokers,  393. 
Penitentiaries,  393-394. 
Personating  Officers  of  Societies,  394. 
Plats,  394.  * 

Policy  Playing,  394-395. 
Prize  Fighting,  395. 
Public  Accountants,  395. 
Public  Buildings,  395. 

Public  Exhibitions  of  Notorious  and  Deformed  Persons,  395-396. 
Racmg,  Routs,  Riots  and  Unlawful  Assemblies,  396. 
Railroads  and  Warehouses,  396-400. 
Receiving  and  Restoring  Stolen  Property,  400. 
Recorders,  400. 


762  INDEX. 

[befebenccs  ahe  to  the  pages.] 

MISDEMEANORS-STATUTORY-Continued. 
Resistance  of  Officers,  400. 

Forms  of  information,  400-401. 
Revenues,  401-402. 
Roads  and  Bridges,  402-404. 
Saltpeter  Caves,  404. 
Schools,  404-405. 
Seduction,  405-406. 

Forms  of  complaint,  406. 
Shanty  Boats,  406. 

Sheep  and  Other  Domestic  Animals,  406. 
Sheriffs,  406. 

Sidewalks  and  Sidepaths,  407. 
State  Board  of  Health,  407. 
State  Contracts,  408. 
State  Entomologist,  408. 
State  Food  Commissioner,  408-409. 
State  Militia,  409. 
Street  Railways,  409-410. 
Sunday,  410. 

Forms  of  complaint,  410. 
Surveyors  and  Surveys,  410. 
Telegraph  and  Telephone  Companies,  411. 
Timber,  412. 
Tobacco,  412. 

Forms  of  complaint,  412. 
Toll  Bridges,  412. 
Toll  Roads,  413. 
Township  Organization,  413. 
Trade  Marks  and  Labels,  413-414. 
Trespass,  414. 

Forms  of  information,  414. 
Trusts,  Pools  and  Combinations,  414-415. 
United  States,  415. 
Vagabonds,  415. 

Forms  of  uiformation,  416-417. 
Weights  and  Measures,  417. 
Witnesses,  417-418. 
MONEY  JUDGMENT - 

May  be  satisfied  by  payment  to  clerk,  32. 
MUNICIPAL  COURT  ACT- 

Sec.    1.  Establishment  of  court,  1. 


INDEX.  763 

[BEfERENCES   ABE   TO   THE   PAGES.] 

MUNICIPAL  COURT  ACT-Continued. 

Sec.    2.  Jurisdiction,  1-2. 

Sec.    3.  How  issues  made  up  and  how  prosecuted,  3. 

Sec.   4.  Districts — Branch  Courts — Power  of  chief  justice,  4. 

Sec.  5.  City  to  provide  places  for  holding  branch  courts— Powers 
of  judges,  4. 

Sec.    6.  Seals,  4-5. 

Sec.    7.  Supplies— Expenditures  not  otherwise  provided  for,  5. 

Sec.  8.  Number  of  judges  and  powers  and  duties  of  chief  justice 
and  associate  judges— Salaries,  5-6. 

Sec.    9.  Election  of  judges — Filling  vacancies,  7. 

Sec.  10.  Eligibility  of  judges,  7-8. 

Sec.  11.  Oath  of  judges,  8. 

Sec.  12.  Increase  of  number  of  judges,  8. 

See.  13.  Interchange  with  city  court  and  county  judges,  8-9. 

Sec.  14.  Clerk— Election— Duties— Salary,  9. 

Sec.  15.  Deputy  clerks — Number  determined — Appointment — Sal- 
aries—  Short-hand  reporters— Removal,  9-10, 

See,  16.  Bailiff— Election— Duties— Salai-y,  10-11. 

Sec.  17.  Deputy  bailiffs  —  Number  determined  —  Appointment — 
Salaries — Removal — Police  officers,  11-12. 

Sec.  18,  Acceptance  of  gratuities  forbidden,  12, 

Sec.  19.  Practice  same  as  in  circuit  court,  except,  &c. — Municipal 
Coui-t  to  be  judge  of  applicability— Practice  decisions 
not  subject  to  review,  12, 

Sec.  20.  Power  of  judges  of  municipal  court  to  adopt  rules — 
Power  of  supreme  court— Judicial  notice  of  rules,  12-13. 

Sec.  21.  No  terms — Judgments  and  orders  under  control  of  court 
until  after  30  days— Erroi-s  in  fact  reached  by  motion, 
13. 

Sec.  22.  Appeals  and  writs  of  error  in  cases  of  first,  second  and 
third  classes,  14. 

See.  23.  Writs  of  error  in  cases  of  fourth  and  fifth  classes,  14-17. 

Sec.  24.  Transfer  of  cases  from  circuit,  superior  and  criminal 
courts,  17. 

Sec.  25.  Petit  jurors— How  provided,  18. 

Sec.  26.  Petit  jurors  to  be  mterrogated  and  disqualified  rejected,  19. 

Sec.  27.  Criminal  cases— How  prosecuted,  19. 

Sec.  28.  First  class  cases— Practice  in,  20. 

Sec.  29.  Fourth  and  fifth  class  cases— where  brought,  21-22. 

Sec.  30.  Jury  trial  to  be  demanded  when,  23. 

Sec.  31.  Challenges  of  jurors— Examination  on  voir  dire— Excep- 
tion for  bias  or  prejudice  only,  23. 


764  INDRX. 

[references  are  to  the  pages.] 

MUNICIPAL  COURT  ACT-Continued. 

Sec.  32.  luterrogatories  before  trial,  24. 

Sec.  33.  Cross-examination  of  adverse  party,  24. 

Sec.  34.  Oral  evidence  on  motions,  24. 

Sec.  35.  Orders  signed  out  of  court  room,  25. 

Sec.  36.  Order  of  trial  of  cases,  25. 

Sec.  37.  Charging  juiy,  25. 

See.  38.  Formal  exceptions  and  seal  of  judge  unnecessary— Orig- 
inal bill  of  exception  inserted  in  transcript,  25. 

Sec.  39.  Changes  of  venue,  26. 

Sec.  40.  Cases  of  fourth  class— How  commenced— Bill  of  particu- 
lars, 26-27. 

Sec.  41.  Summons— How  returnable— What  to  contain,  27. 

Sec.  42.  Summons— How  served,  27. 

Sec.  43.  Default— Assessment  of  damages— Set-off— Bill  of  par- 
ticulars, 28. 

Sec.  44.  Clerk  to  keep  on  hand  and  furnish  forms— chief  justice 
to  prescribe  forms,  28. 

See.  45.  Appearance  of  defendant,  29. 

Sec.  46.  Amendments,  29. 

Sec.  47.  Postponements  of  trial,  29. 

Sec.  48.  Attachment— Replevin— Distress  for  rent— Forcible  de- 
tainer—Practice, 29. 

Sec.  49.  Quasi-criminal  cases— Practice,  30. 

See.  50.  Bail  in  criminal  and  quasi-criminal  cases,  31. 

Sec.  51.  Practice  when  method  of  procedure  not  provided  for,  32. 

Sec.  52.  Presumptions,  32. 

Sec.  53.  Money  judgment  may  be  paid  to  clerk,  32. 

See.  54.  Judicial  notice— Ordinances— Statutes  of  other  states,  32. 

Sec.  55.  Masters  in  Chancery,  32. 

Sec.  56.  Costs  in  civil  eases,  33. 

Sec.  57.  Costs  in  criminal  and  in  quasi-criminal  cases,  35. 

Sec.  58.  Costs  in  city  of  Chicago  cases,  36. 

Sec.  59.  Fees  for  acknov/ledginents- Fees  to  be  accounted  for — 
Accounts  to  be  audited,  36. 

Sec.  60.  Offices  of  justices  of  the  peace  to  be  abolished,  36. 

Sec.  61.  Dockets  and  papers  of  justice  of  the  peace- Executions- 
Undisposed  of  business,  37. 

Sec.  62.  Chief  justice  to  superintend  keeping  records— Abbreviated 
forms,  38. 

Sec.  63.  Judgments  in  cases  of  first  and  second  classes— Lien — 
Filing  transcripts,  38. 


INDEX.  765 

[BEFERENCES   ABE  TO  THE   PAGES.] 

MUNICIPAL  COURT  ACT-Continued. 

Sec.  G4.  Judgments  in  cases  of  third,  fourth  and  fifth  classes— Lien 

—  Filing  transcripts,  39. 
Sec.  65.  Possible  invalidity  of  sections  9  and  12,  39. 
Sec.  66.  Possible  invalidity  of  any  part  of  act,  40. 
Sec.  67.  Submission  to  people,  40. 

MUTILATED   LIMBS.      (See   Exposing   Deformed   or   Mutilated 

Limbs.) 
MUTILATION  OF  POSTERS- 

Ordmanee  in  regard  to,  489. 

Forms  of  complaint,  489. 
NAMES-- 

Criminal  statutory  provisions  as  to,  391. 

NEW  DEFENDANT- 

Summons  against  in  case  of  second  class— How  returned,  98. 

NIGHT  SCAVENGERS- 

Ordinanee  in  regard  to,  490. 
Forms  of  complaint,  490. 

NIGHT  AVALKERS- 

Ordinance  in  regard  to,  490. 

Forms  of  complaint,  491. 
NOISE- 

Ordinance  in  regard  to,  491. 
NON-RESIDENT- 

Publication  of  notice  to  in  case  of  first  class,  20. 

Publication  of  notice  to  in  case  of  second  class,  98. 

Publication  of  notice  to  in  case  of  fourth  or  fifth  class,  22. 

Publication  of  notice  to  in  writ  of  error,  141. 

NON-SUIT- 

Must  be  taken  before  jury  retires,  128. 

NOTICE- 

By  publication— See  non-resident,  20,  22,  98,  141. 

LTnder  general  issue,  119. 

Of  application  for  order  outside  of  court  room  or  chambers  of 
judge,  25. 
NOTICE  BY  PUBLICATION- 

See  non-resident,  20,  22,  98,  141. 

NOXIOUS  MATTERS- 

Ordinance  in  regard  to,  462. 


766  INDEX, 

[BEFEBENCES   ABE  TO  THE  PAGES.] 

NUISANCES- 

Criminal  statutory  provisions  as  to,  391-392. 
Ordinance  in  regard  to,  491. 
Forms  of  complaint,  491-492. 

NUMBER  OP  judges- 
How  increased,  8. 

NURSERIES- 

Ordinanee  in  regard  to,  491. 

OATH- 

Power  of  judge  or  other  officer  taking  bail  to  administer,  31. 

OATH  OF  OFFICE- 

Of  judges,  8. 
Of  clerk,  9. 
Of  bailiff,  10. 
OBJECTS  ON  WINDOW-SILLS,  ETC- 
Ordinance  in  regard  to,  492. 
Forms  of  complaint,  493. 

OBSCENE  PUBLICATIONS- 

Criminal  statutory  provisions  as  to,  392. 

OBSTRUCTING  GUTTERS,  SEWERS  AND  PIPES— 
Ordinance  in  regard  to,  493. 
Forms  of  complaint,  493. 

OFFENSIVELY  SATURATED  GROUND- 

Ordinance  in  regard  to,  493. 
OFFICERS- 

Ordinance  in  regard  to,  493. 

Criminal  statutory  provisions  as  to,  392. 

OFFICERS  OF  COURT- 

Complaints  pertaining  to— Judges  to  investigate,  6. 

OIL  INSPECTION- 

Criminal  statutory  provisions  as  to,  392. 

OIL  INSPECTOR- 

Ordinance  in  regard  to,  493. 

OMNIBUSES- 

Ordinances  in  regard  to,  447. 

OPIUM  SMOKING  OR  INHALING  ROOMS- 
Ordinance  in  regard  to,  494. 
Forms  of  complaint,  494. 


INDEX.  767 

[refebences  abb  to  the  pages.] 

ORAL  EVIDENCE  ON  MOTIONS- 
Court  may  hear,  24. 
In  general,  217-218. 
Advantages  of,  217-218. 
ORDINANCES- 

Of  city  of  Chicago,  436-520. 
Of  South  Park  Commissioners,  521. 
Of  Lincohi  Park  Commissioners,  521. 
Of  Sanitary  District  of  Chicago,  521. 
Ordinances  of  Chicago,  436-520. 

Acetylene  gas— Storage  of,  436. 
Advertisements  of  cures,  &c.,  436. 
Advertising  quack  nostrums,  437. 
Air  guns,  437. 

Forms  of  complaint,  437. 
Ambulances  and  physicians,  437. 
Amusements,  437. 

Forms  of  complaint,  437. 
Animals,  438. 

Animals,  horses  and  vehicles,  438. 
Forms  of  complaint,  438-439. 
Athletic  fields,  &c.— Throwing  glass  bottles  and  other  things 

on,  442. 
Auctions  and  auctioneers,  440. 
Forms  of  complaint,  440. 
Automobiles,  440. 

Foi-ms  of  complaint,  440-441. 
Automobiles,  livery  and  boarding  stable  and  garages,  441. 
Automobiles— Public  for  passengers,  441. 
Automobiles— Used  as  public  carts,  442. 
Barbed  wire  fence,  442. 
Barricade  on  sidewalks,  442. 
Bathing  within  city  limits,  442. 

Forms  of  complaint,  442. 
Billiards  and  pool  tables,  bowling  or  pin  and  ball  alleys,  443. 

Forms  of  complaint,  443. 
Bill  posters  and  posting,  443. 

Forms  of  complaint,  443-444. 
Births  and  deaths,  444. 
Blasting,  444. 

Forms  of  complaint,  444-445. 
Bread,  444. 


768  INDEX. 

[BEFEEENCES   ABE   TO   THE   PAGES.] 

ORDINANCES  -  Continued. 

Forms  of  complaint,  444. 
Brewers  and  distillers,  445. 
Brokers,  445. 

Forms  of  complaint,  445-446. 
Buildings,  446. 
Building  regulations,  446. 
Buildings— Wrecking  of,  446. 
Burglar's  tools,  446. 

Forms  of  complaint,  446-447. 
Burial  of  the  dead,  447. 
Cabbage  plant,  447. 

Forms  of  complaint,  447. 
Cabs,  carriages,  hacks  and  omnibuses,  447. 
Casting  rinds  and  peels  on  sidewalk,  447. 

Forms  of  complaint,  448. 
Cattle  and  swine,  448. 
Cigar  refuse,  448. 

Changing  from  steam  to  electric  power,  448. 
Cigarettes,  448. 

Forms  of  complaint,  448. 
Clay  holes  and  excavations,  448. 
Cleaning  goods  in  streets,  449. 
Coal,  449. 
Cocaine,  339. 
Cocaine— Sale  of,  449. 

Forms  of  complaint,  449. 
Common  carriers  of  oil,  450. 
Concealed  weapons,  450. 
Construction  of  scaffolds,  450. 
Contagious  diseases  and  infected  articles,  450. 
Cruelty  to  ianimals,  450. 

Forms  of  complaint,  450-451. 
Cruelty  to  children,  451. 

Forms  of  complaint,  452-454. 
Dayton  street  market,  454. 
Deadly  weapons,  455. 
Defacing  public  buildings,  &e.,  455. 

Forms  of  complaint,  455. 
Defacing  signs,  fences,  &c.,  455. 

Forms  of  complaint,  455. 
Detective  agencies,  456. 


INDEX.  769 

[BEFERENCES   ABE   TO   THE   PAGES.] 

ORDINANCES-Continued. 

Disorderly  conduct,  456. 

Forms  of  complaint,  456-458. 
Distribution  of  handbills,  458. 
Forms  of  complaint,  458. 
Distributing  medicine,  458. 
Disturbing  assemblies  met  for  worship,  458. 

Forms  of  complaint,  459. 
Dogs,  459. 

Forms  of  complaint,  459. 
Drains  and  sewers,  459. 

Forms  of  complaint,  459-460. 
Drinking  water,  460. 
Druggists,  460. 

Forms  of  complaint,  460-462. 
Dust— Feathers— Noxious  matters,  462. 
Electricity,  462. 

Forms  of  complaint,  462-463. 
Electric  wires  of  railways,  463. 
Excavations,  463. 
Elevated  railroads,  463. 

Excavations,  463.  '* 

Exhibiting  wild  animals,  464. 
Explosives,  464. 

Exposing  deformed  or  mutilated  limbs,  464. 
Fire  arms,  fireworks  and  cannon,  464. 

Forms  of  complaint,  4G4-465. 
Fireworks,  465. 
Fire  department,  466. 

Forms  of  complaint,  460-467. 
Fish,  467. 

Forms  of  comjjlaint,  467. 
Flying  kites  in  streets,  467. 
Foreign  insurance  companies,  467. 
Foundi-y- Manufaetoiy,  467. 
Fraudulent  prescriptions,  467. 
Fruits,  berries  and  vegetables,  468. 

Fonns  of  complaint,  468. 
Fruit  stores  and  ice  cream  parlors— Licensing  of^  468. 
Games  and  performances  in  streets  or  in  premises  abutting  on 

streets,  468. 
Gaming,  468. 

Forms  of  complaint,  468-470. 
49 


770  INDEX. 

[EEFEBENCES   ABE   TO   THE   PAGES.] 

ORDINANCES- Continued. 

Garbage,  ashes  and  refuse,  470. 

Forms  of  complaint,  470-471. 
Gas,  471. 

Forms  of  complaint,  471. 
Gas- Price  of,  471. 
Gas  manufactory,  472. 
Grades,  472. 

Forms  of  complaint,  472. 
Gun  powder,  djoaamite  and  high  explosives,  472. 

Forms  of  complaint,  472. 
Harbor,  harbormaster,  bridges,  wharves  and  vessels,  472. 
Health  department,  473. 

Health  provisions  generally — Violations  of,  473. 
Horse  flesh,  473. 
Hospitals,  474. 
Houses  of  ill  fame  or  assigiiation,  474. 

Forms  of  complaint,  474. 
House  of  correction,  474. 

Foi'ms  of  complaint,  474-475. 
House  movers,  475. 
Human  body,  475. 
Ice,  476. 
Ill-governed  or  disorderly  houses,  476. 

Forms  of  complaint,  476-477. 
Immature  calf,  pig  or  lamb,  477. 

Forms  of  complaint,  477. 
Impure  literature  relating  to  diseases,  477. 

Forms  of  complaint,  477-47S. 
Inclosing  walls  or  fences  of  railways,  478. 
Indecent  exhibitions  of  animals,  478. 

Forms  of  complaint,  478. 
Indecent  exposure,  478. 

Forms  of  complaint,  478-479. 
Indecent,  lewd  and  filthy  acts,  479. 

Forms  of  complaint,  479. 
Indecent  literature  and  immoral  exhibitions,  479. 

Forms  of  complaint,  479-480. 
Injuries  by  automobiles,  bicj^les,  carnages,  &c.,  480. 

Forms  of  complaint,  480-481. 
Jail,  481. 
Keepers  of  junk  shops,  481. 


INDEX,  771 

[REFERENCES   ARE   TO   THE   PAGES.] 

ORDINANCES- Continued. 

Killings  birds  in  city  limits,  481. 
Library,  481. 

Forms  of  complaint,  482. 
Licenses,  482. 
Forms  of  complaint,  482. 
Lights  at  railway  crossings,  482. 
Lights  on  vehicles,  482. 

Forms  of  complaint,  483. 
Liquor,  483. 

Forms  of  complaint,  483-485. 
Livery  stable,  485. 
Lotteries,  485. 
Lomigers  and  loafers,  485. 

Forms  of  complaint,  485. 
Lumber,  485, 
Meat,  485. 
Meat  and  Fowl— Prohibited,  486. 

Forms  of  complaint,  486. 
Meat  markets,  delicatessen  stores,  poulterers  and  fish  mongers, 
■  486. 

Forms  of  complaint,  486. 
Milk  and  food,  486. 

Forms  of  complaint,  486-487. 
Minors— False  representation  by,  487. 

Forms  of  complaint,  487. 
Minors — Flipping  cars  by,  487. 

Forms  of  complaint,  488. 
Minors— Gambling  in  saloons  by,  488. 

Forms  of  complaint,  488. 
Minors— Intoxication  of  or  purchasing  liquors  by,  488. 

Forms  of  complaint,  488. 
Minors— Sale  of  materials  impregnated  with  liquors,  489. 

Forms  of  complaint,  489. 
Minors— Sale  of  tobacco  to,  489. 

Forms  of  complaint,  489. 
Mutilation  of  posters,  489. 

Forms  of  complaint,  489. 
Night  scavengers,  490. 

Forms  of  complaint,  490. 
Night  walkers,  490. 

Forms  of  complaint,  491. 


772  INDEX. 

[BEFEBENCES   ABE   TO   THE   PAGES.] 

ORDINANCES-Continued. 

Noise,  491. 
Nurseries,  491. 
Nuisances,  491. 

Forms  of  complaint,  491-492. 
Objects  on  window-sills,  etc.,  492. 

Forms  of  complaint,  493. 
Obstructing  gutters,  sewers  and  pipes,  493. 

Forms  of  complaint,  493. 
Offensively  saturated  ground,  493. 
Officers,  493. 
Oil  inspector,  493. 
Opium  smoking  or  inhaling  rooms,  494. 

Forms  of  complaint,  494. 
Parks  and  public  gromids,  494. 

Forms  of  complaint,  494-496. 
Passengers — Comfort  and  safety  of,  496. 
Pawn  brokers^  496. 

Forms  of  complaint,  496-499. 
Peddlers,  499. 

Forms  of  complaint,  499-500. 
Plumbers  and  plumbing,  500. 
Poisonous  medicines  or  decoctions,  500. 

Forms  of  complaint,  500-501. 
Porches  and  steps,  501. 
Police,  501. 

Forms  of  complaint,  501-503. 
Pounds  and  poundmasters,  503. 
Private  scavengers,  503. 
Privy,  vault,  sink  and  cess-pool,  503. 

Forms  of  complaint,  504-505. 
Prohibited  advertisements  in  newspapers,  505. 

Forms  of  complaint,  505. 
Public  carts,  express  wagons,  furniture  vans,  trucks,  drays, 

etc.,  505. 
Railways— Miscellaneous,  505. 
Randolph  street  market,  505. 
Roofing,  506. 
Runners,  506. 

Sail  boats— Licensing"  of,  506. 
Saloons  and  dram  shops,  506. 
Scavengers,  506. 


V  INDEX.  773 

[eeferences  are  to  the  pages.] 

ORDINANCE  S  -  Continued. 

Second-hand  dealers  and  keepers  of  junk  shops,  506. 

Selling  street  car  transfers,  506. 

Sewer  connections,  507. 

Shooting  galleries,  rifle  ranges  and  gun  clubs,  507. 

Sidewalks— Construction  of,  507. 

Sidewalks— Dumping  clay  on,  507. 

Sidewalks— Forbidden  uses  of,  507. 

Sidewalks— Grade  of,  507. 

SideAvalks— Openings  in,  507. 

Sidewalks— Space  beneath,  508. 

SideAvalks— Storage  on,  508. 

Signs,  508. 

Signs— Illuminated  on  elevated  platfonns,  508. 

Slaughtering  and  rendering,  508. 

Sleepmg  rooms  in  bakery,  packing-house  or  food  store,  508. 

Smoke,  508. 

Soap  factories,  509. 

Spikes  in  railings  and  fences,  509. 

Spilling  oil  on  asphalt  pavement,  509. 

Spitting  on  sidewalks,  &e.,  509. 

Forms  of  complaint,  509. 
Sprinkling  lawns,  509-510. 

Stalls  where  meat,  fish  or  vegetables  are  sold— Cleanliness  ox, 
510. 

Forms  of  complaint,  510. 
Stationary  engineers,  510. 
Steam  boilers  and  steam  plants,  510. 
Steam  railways,  510. 
Steam  whistles,  510. 

Street  ears — Speed  of  near  school  houses,  511. 
Street  railways,  511. 
Streets   and   alleys   and   places   under   sidewalks— Use   of  by 

private  persons,  511. 
Streets — Miscellaneous  provisions,  511. 
Streets — Removing  sod  or  earth  from,  511. 
Sidewalks  and  other  public  places— Throwing  glass  bottles  and 

other  articles  on,  511. 
Tanneries,  512. 

Tenement  and  lodging  houses,  512. 
Theater  hats,  512. 

Forms  of  complaint,  512. 


774  INDEX. 

[beferences  aue  to  the  pages.] 

ORDINANCES-Continuecl. 

Things  detrimental  to  health,  512. 

Throwing  missiles,  512. 

Tickers,  512. 

Tires  on  vehicles,  512. 

Trees,  shrubs  'and  grass  plats,  513. 

Tunnels,  513. 

Forms  of  complaint,  513. 
Tunnels— Safety  of  persons  workmg  in,  513-514. 
Undertakers,  514. 
Unhealthful  business,  514. 
Unlavi-ful  use  of  premises,  514. 
Unwholesome  and  adulterated  food,  drugs,  water,  &c.,  514. 

Forms  of  complaint,  514-515. 
Unwholesome  vegetables,  515. 

Forms  of  complaint,  515. 
Vaccination,  515. 
Vagabonds  and  vagrants,  515. 

Forms  of  complaint,  515-517. 
Vehicles^  517. 
Vehicle  sign,  517. 

Forms  of  complaint,  517-518. 
Water,  518.  •'. 

Water  from  roofs,  518. 
Weapons — Concealed,  518. 
Weapons— Deadly,  518. 
Weighers,  518. 
AVeights  and  measures,  518. 
Wholesale  malt  liquor  dealers,  519. 
Wholesale  spiritous  liquor  dealers,  519. 
Wholesale  vinous  liquor  dealers,  519. 
Work  shops,  519. 

Forms  of  complaint,  519-520. 

OTHER  STATES- 

Statutes  of  to  be  taken  judicial  notice  of  by  municipal  court,  32. 

OYER- 

Opposite  party  may  have,  116. 

PACKING  HOUSE— SLEEPING  ROOMS  IN.    (See  Sleeping  Rooms 

IN  Bakery,  &c.) 
PAPERS- 

For  use  of  municipal  court  to  be  provided  by  city,  5. 


INDEX.  775 

[BEFEBENCES   ABE   TO   THE   PAGES.] 

PARKS - 

Criminal  statutory  provisions  as  to,  393. 
PARKS  AND  PUBLIC  GROUNDS- 

Ordinanee  in  regard  to,  494. 

Forms  of  eomjDlaint,  494-496. 
PARTIAL  REVERSAL- 

Judgment  of  supreme  court  or  appellate  court  in  case  of,  139 
PASSENGERS-COMFORT  AND  SAFETY  OF- 

Ordinance  in  regard  to,  496. 
PAUPERS- 

Criminal  statutory  provisions  as  to,  393. 
PAWN  BROKERS- 

Criminal  statutory  provisions  'as  to,  393. 

Ordinance  in  regard  to,  496. 

Forms  of  complaint  under  ordinance,  496-499. 
PEDDLERS- 

Ordinance  in  regard  to,  499. 

Forms  of  complaint,  499-500. 

PEELS  ON  SIDEWALK-CASTING- 

Ordiuance  in  regard  to,  447. 

Form  of  complaint,  447. 
PENITENTIARIES- 

Criminal  statutory  provisions  as  to,  393-394. 
PERFORIMANCES  IN  STREETS.     (See  Games  and  Performances 

IN  Streets  or  in  Premises  Abutting  on  Streets.) 
PERSONAL  PROPERTY- 

Jurisdiction  of  municipal  court  in  actions  for  injuries  to,  1. 

PERSONATING  OFFICERS  OF  SOCIETIES- 

Criminal  statutory  provisions  as  to,  394. 
PIG— IMLIATURE.     (See  Immature  Calf,  Pig  or  Lamb.) 
PIN  ALLEYS- 

Ordinance  in  regard  to,  443. 

Forms  of  complaint,  443. 
PIPES— OBSTRUCTING.     (See  Obstructing  Gutters,  Sewers  and 

Pipes.) 
PLACE  OF  HOLDING  COURT- 

To  be  provided  by  city,  4. 

PLATS- 

Criminal  statutoiy  provisions  as  to,  394. 


776  INDEX, 

[BEFEBENCES   ABE  TO  THE  PAGES.] 

PLEADING- 

When  declaration  to  be  filed  by  plaintiff  in  case  of  first  class,  21. 
When  defendant  is  required  to  demur  or  plead  in  ease  of  first  class, 

21. 
Writ  not  required  in  cases  of  the  fourth  and  fifth  classes,  2. 

PLUMBERS  AND  PLUMBING- 

Ordinance  in  regard  to,  500. 
PLURIES  WRITS- 

When  to  be  issued,  27. 

POISONOUS  MEDICINES  OR  DECOCTIONS— 

Ordinance  in  regard  to,  500. 

Forms  of  complaint,  500-501. 
POLICE- 

Ordinance  in  regard  to,  oOl. 

Forms  of  complaint,  501-503. 

POLICE  OFFICERS- 

Deputy  bailiffs  to  be  ex  officio,  11. 

To  be  ex  officio  deputy  bailiffs,  11. 

Duties  of  in  criminal  and  quasi  criminal  eases,  12. 

Powers  of  in  taking  bail,  31. 

POLICY  PLAYING- 

Criminal  statutory  provisions  as  to,  394-395. 

POOL  TABLES- 

Ordinance  in  regard  to,  443. 
Forms  of  complaint,  443. 

PORCHES  AND  STEPS- 

Ordinance  in  regard  to,  501. 

POSTERS— MUTILATION  OF.    (See  Mutilation  of  Posters.) 

POSTPONEMENT  OF  TRIAL- 

For  e^^dence,  124. 

Immaterial  evidence  not  be  ground  for,  124. 

Effect  of  admitting  affidavit  on  application  for,  125. 

In  time  of  war,  125. 

On  account  of  party,  attorney,  solicitor,  or  counsel  being  member 
of  legislature,  125. 

In  cases  of  fourth  and  fifth  classes,  29,  126. 
POULTERERS- 

Ordmance  in  regard  to,  4SG. 

Forms  of  complaint,  486. 


.  mDEX.  777 

I 

■  [BEFEEENCES  ABE  TO  THE  PAGES.] 

f         POUNDS  AND  POUXDMASTERS- 
Ordiiiance  in  regard  to,  503. 
POWER  S- 

Of  chief  justice,  4,  5,  6,  18,  19,  38, 
Of  judges,  5-6. 
Of  clerk,  9. 
Of  bailiff,  10 
PRACTICE  ACT  REWRITTEN- 

See.    1.  Process— Form— When  returnable,  110. 

Sec.    2.  Suits— Where  brought,  110. 

Sec.    3.  Suits  against  insurance  companies.  111. 

Sec.    4.  Service— Return,  111. 

Sec.    5.  Service  on  incorporated  companies,  112. 

Sec.    6,  Service  on  county,  112. 

Sec.    7.  Service  on  city  of  Chicago,  112, 

Sec.  7a.  Service  on  receivers,  112. 

Sec.    8.  Service  less  than  5  days  in  first  class  case  or  less  than  3 

days  in  fourth  or  fifth  class  case,  112. 
Sec.    9.  Alias  writs,  113. 
Sec.  10.  Part  served— sci.  fa.  to  make  parties,  113. 
Sec.  12.  Separate  judgments  against  joint  debtors,  113. 
See.  13.  Bailiff,  &c.,  ruled  to  return  process,  114. 
See.  14.  Clerk  to  issue  subpoenas,  114. 

Sec.  17.  Chief  justice  to  superintend  preparation  of  calendars,  114. 
See.  18.  Declaration— Time  of  filing,  114. 

See.  18a.  Cases  of  fourth  and  fifth  classes— how  commenced,  114. 
See.  18?>. .  Cases  of  fourth  and  fifth  classes— Summons,  115. 
Sec.  18c.  Cases  of  fourth  and  fifth  classes— Defaults,  115. 
Sec.  18d.  Cases  of  fourth  and  fifth  classes— Appearance  of  defend- 
ant, 116. 
See.  19.  Sealed  instruments,  &c.,  116. 
Sec.  20.  Prof ert- Oyer,  116. 
Sec.  21.  Penal  bonds,  117. 
Sec.  22.  Trespass— Case,  117. 
Sec.  23.  Trover— Replevin,  117. 
See.  24.  Amendments,  117. 

See.  25.  Proceedings  against  new  defendant,  118. 
Sec.  26.  Postponement  on  amendment,  118. 
Sec.  27.  Scire  facias,  118. 
Sec.  28.  Time  to  plead,  119. 
Sec.  29.  Pleading— Notice,  119. 
Sec.  30.  Set-off,  119. 


778 


INDEX. 


[references  are  to  the  pages.] 

PRACTICE  ACT  REWRITTEN- Continued. 
Sec.  31.  When  disznissal  not  allowed,  120. 
Sec.  32.  Copy  of  instrument  or  account,  120. 
Sec.  33.  Several  replications  and  rejoinders,  120. 
Sec.  34.  Denial  of  execution  or  assignment,  120. 
Sec.  35.  Joint  rights  of  plaintiffs,  121. 
Sec.  36.  Joint  liability— Proof,  121. 
Sec.  37.  Affidavit  of  plaintiff's  claim,  122. 
Sec.  38.  When  affidavit  evidence,  122. 
Sec.  39.  Judgment  by  default,  123. 
See.  40.  Setting  aside  default  and  judgment,  123. 
Sec.  41.  Assessment  of  damages,  123. 
See.  42.  Trial  by  court,  124. 
See.  43.  Postponement  for  evidence,  124. 
Sec.  44.  Immaterial  evidence— Affidavit  admitted,  124. 
Sec.  45.  Effect  of  admitting  affidavit,  125. 
Sec.  46.  Postponement  in  time  of  war,  125. 
Sec.  47.  Postponement— Member  of  legislature,  125. 
Sec.  48.  Cases  exempted,  125. 

Sec.  4Sa.  Postponements  in  fourth  and  fifth  class  cases,  126. 
Sec.  48&.  Interrogatories  before  trial,  126. 
Sec.  48c.  Cross-examination  of  adverse  party  at  trial,  127. 
Sec.  4:Sd.  Oral  evidence  on  motions,  127. 
Sec.  48e.  Orders  outside  of  court  room,  127. 
Sec.  49.  Challenge  of  jurors— Examination  on  voir  dire— Review 

on  appeal  limited,  127. 
See.  50.  Non-suit  on  trial,  128. 
Sec.  51.  Faulty  counts  disregarded,  128. 
Sec.  52.  Charging  jury,  128. 
Sec.  53.  Charge  to  be  oral  or  written,  128. 
Sec.  54.  Marking  written  instructions  and  exception  thereto— Oral 

instructions   and   exceptions,   128. 
Sec.  55.  Written  instructions  taken  by  jui-y,  128. 
Sec.  56.  Papers,  &c.,  may  be  taken  by  jury,  129. 
Sec.  57.  Verdict-New  trial,  &c.,  129. 
Sec.  58.  Verdict  not  set  aside  for  defective  count,  129. 
Sec.  58a.  General  and  special  verdicts,  129. 
See.  586.  Refusal  to  submit  question  of  fact,  &c.,  130. 
Sec.  58c.  Special  finding  inconsistent  with  general  verdict,  130. 
Sec.  59.  Arrest  of  judgment,  130. 
See.  60.  Exceptions  during  trial,  130. 
Sec.  61,  Exceptions  in  trials  by  court,  120. 


INDEX.  779 

[references  are  to  the  pages.] 

PRACTICE  ACT  REWRITTEN-Continued. 

Sec.  62.  Other  exceptions,  130. 

Sec.  63.  Exceptions  in  ci'iminal  cases,  131. 

Sec.  G3a.  Formal  exceptions  and  seal  of  judge  unnecessary— Orig- 
inal bill  of  exceptions  to  be  inserted  in  transcript,  131. 

Sec.  63&.  Practice  decisions  only  to  be  reviewed,  when,  131. 

Sec.  64.  Affidavits  to  be  filed,  132. 

Sec.  65.  Motions  to  set  side  or  quash  executions^  replevin  bond,  or 
other  proceeding's,  132. 

Sec.  66.  Judgments  by  confession,  132. 

Sec.  67.  Error  coram  nobis,  132. 

Sec.  68.  Appeals— Condition  of  bond,  133. 

Sec.  69.  Clerk  may  approve  security,  133. 

Sec.  70.  No  dismissal  for  msufficiency  of  bond,  133. 

Sec.  71.  Either  of  several  parties  may  appeal,  133. 

Sec.  72.  State,  counties,  &e.,  may  appeal  without  bondj  134. 

Sec.  72a.  Writs  of  error  in  fourth  and  fifth  class  cases— From  what 
court  sued  ovit— Manner  of  jDrosecuting,  134-137. 

Sec.  73.  When  record  to  be  filed,  137. 

Sec.  74.  Dismissal  of  appeal — Damages,  137. 

Sec.  75.  Agreed  case,  138. 

Sec.  76.  Judge  may  cei'tify  questions  of  law,  138. 

See.  77.  When  questions  of  law  may  not  be  certified,  138. 

Sec.  78.  Writ  of  error  not  to  operate  as  supersedeas  when,  138. 

Sec.  79.  Cross  errors,  139. 

Sec.  80.  Joinder  in  error — Pleading,  139. 

Sec.  81.  Final  judgment  on  appeal— Execution,  139. 

See.  82.  Partial   reversal— Remittitur— Remanding   cause,   139. 

Sec.  83.  Dismissal  of  appeal,  &c. — Execution,  139. 

Sec.  84.  Remanding  cause — Order — Notice— Fee  bill,  140. 

Sec.  85.  Transcript  not  filed  within  two  years,  140. 

See.  86.  Writ  of  error — Limitation,  140. 

Sec.  87.  Proceedings  when  defendant  in  error  not  found,  141. 

See.  88.  Final  order,  &c.— Recital  of  facts,  141. 

Sec.  89.  Appeals  and  writs  of  error,  142. 

Sec.  90.  Questions  of  law,  142. 

Sec.  91.  Appeal  from  appellate  to  supreme  court,  142. 

See.  92.  Money  judgment  may  be  paid  to  clerk,  143. 

Sec.  93.  Judicial  notice  of  ordinances  and  of  laws  of  other  states, 
143. 

See.  94.  Method  of  procedure  in  eases  not  provided  for,  144. 

Sec.  95.  Chief  justice  to  superintend  keeping  of  records  and  pre- 
scribe abbreviated  forms,  144. 


780  INDEX. 

[references  are  to  the  pages.] 

PRACTICE  IN  CIVIL  CASES  OF  FIRST  CLASS- 
How  different  from  practice  in  circuit  court,  86-93. 

1.  Return  clay  of  summons,  88. 

2.  Service  of  summons,  88. 

3.  Notice  by  publication,  88. 

4.  Where  suits  must  be  brought,  88. 

5.  Attachment  suits  against  non-residents,  89. 

6.  When  summons  may  be  served  in  state  outside  of  Chicago 

and  when  judgment  may  be  rendered  against  party  served, 
89. 

7.  When  declaration  to  be  filed,  89. 

8.  When  defendant  must  j^lead,  89. 

9.  Trial  by  jury  must  be  demanded,  89. 

10.  When  judgments  become  final,  90. 

11.  Examination  of  jurors  on  voir  dire  and  rulings  which  may 

be  reviewed  on  api^eal  or  error,  90. 

13.  Order  in  which  cases  are  to  be  tried,  90. 

14.  Charging  the  jury,  90. 

15.  Changes  of  venue,  91. 

16.  Interrogatories  before  trial,  91. 

17.  Examination  of  adverse  party  at  trial,  91. 

18.  Oral  evidence  on  motions,  92. 

19.  Bills  of  exceptions  need  not  be  sealed,  92. 

20.  Exceptions  to  rulings  to  judge  unnecessaiy,  92. 

21.  Original  bill  of  exceptions  to  be  inserled  in  transcript,  92. 

22.  When  appeals  to  be  prayed,  92. 

23.  Practice  rulings  not  to  be  reviewed  except  in  cases  of  fail- 

ure of  justice,  92. 

24.  Power  of  court  when  method  of  procedure  not  provided  for, 

93. 

25.  Money  judgment  may  be  paid  to  clerk,  93. 

26.  Court  to  take  judicial  notice  of  ordinances  and  of  statutes 

of  other  states,  93. 

27.  Records  to  be  kept  in  abbreviated  form,  93. 

28.  Judgments  to  be  liens  when,  93. 
PRACTICE  IN  CIVIL  CASES  OF  SECOND  CLASS- 

How  different  from  i^ractice  in  circuit  court,  94-98. 

1.  Return  of  summons  for  new  party,  98. 

2.  Notice  by  publication  to  xiew    party,  98. 

3.  When  appeals  to  be  prayed,  98. 

4.  Exceptions  to  rulings  of  judge  unnecessaiy,  98. 

5.  Changes  of  venue,  98. 


nsTDEX.  781 

[references  are  to  the  pages.] 

PRACTICE  IN  CIVIL  CASES  OF  SECOND  CLASS -Continued. 
Other  differences  same  as  those  in  cases  of  first  class,  97. 
Construction  of  concluding  clause  of  section  24  of  Municipal 
Court  Act,  94-97. 

PRACTICE    IN    CIVIL    CASES    OF    FOURTH    AND    FIFTH 

CLASSES- 
How  different  from  practice  in  circuit  court,  99-108. 

1.  Suit  commenced  by  praecipe  and  bill  of  particulars — When 

summons  returnable,  99. 

2.  Summons  directed  by  bailiff — "What  summons  to  contain, 

99-100. 

3.  Summons  served  by  copy — Alias  and  pluries  summons,  100. 

4.  Default— Appearance  of  defendant,  100. 

5.  Defendant  to  file  bill  of  particulars  with  set-off,  100. 

6.  Court  to  call  eases  at  10  a.  m.  each  day,  100. 

7.  Clerk  to  furnish  printed  blanks  and  chief  justice  to  pre- 

scribe forms,  101, 

8.  Court  to  fix  time  of  trial,  101. 

9.  Postponements  of  trial,  101. 

10.  No  written  pleadings,  101. 

11.  Bill  of  particulars  in  attachment  cases,  101-102. 

12.  Forcible  detainer  cases,  102. 

13.  Where  suit  may  be  brought,  102. 

14.  Where  suit  may  be  brought  against  city  of  Chicago,  102. 
15. .  Attachment  suits  against  non-residents,  102. 

16.  Forcible  detainer  suits  against  non-residents,  102. 

17.  Suit  brought  in  improper  district,  102. 

18.  Cases  to  be  tried  by  jury  may  be  sent  to  first  district,  103. 

19.  Jury  trial  must  be  demanded,  103. 

20.  Judgments  become  final  after  30  days,  103. 

21.  Examination  of  jurors  on  voir  dire  and  rulings  which  may 

be  excepted  to,  103. 

22.  Orders  made  out  of  court  room  upon  notice,  103. 

23.  Order  in  which  cases  are  to  be  tried,  104. 

24.  Charging  the  jury,  104. 

25.  Changes  of  venue,  104. 

26.  Interrogatories  before  trial,  104. 

28.  Oral  evidence  on  motions,  105. 

29.  Power  of  court  when  method  of  procedure  not  provided  for, 

105. 

30.  Money  judgment  may  be  paid  to  clerk,  105. 


782  INDEX. 

[kefekekcks  are  ao  the  pages.] 

PRACTICE    IN    CIVIL    CASES    OF    FOURTH    AND    FIFTH 
CLASSES— Continued. 

31.  Court  to  take  judicial  notice  of  ordinances  and  of  statutes 

of  other  states,  105. 

32.  Records  to  be  kept  in  abbreviated  form,  106. 

33.  Judgments  to  be  liens  when,  106. 

34.  Final  orders  and  judgments  reviewable  by  writ  of  error 

only,  106. 

35.  Time  withm  which  writ  of  error  is  to  be  sued  out,  106. 

36.  Stay  of  execution,  106. 

37.  Effect  of  denial  of  application  for  a  supersedeas,  106. 

38.  Writ  of  error  in  favor  of  successful  party,  100. 

39.  Service  of  scire  facias  to  hear  errors  dispensed  with,  106. 

40.  Statement  or  stenographic  report  of  judge,  107. 

41.  Order  or  judgment  not  to  be  reversed  excepting  for  sub- 

stantial errors,  107. 

42.  Decisions  on  questions  of  practice  not  to  be  reviewed  miless. 

failure  of  justice  would  result,  107. 

PRAECIPE- 

In  cases  of  fourth  and  fifth  classes,  26. 
Form  of  in  case  of  fourth  or  fifth  class,  200. 
Form  of  in  quasi  criminal  cases,  432. 

PRESCRIPTIONS.     (See  Fraudulent  Prescriptions.) 

PRIVATE  SCAVENGERS- 
Ordinanee  in  regard  to,  503. 

PRIVY,  VAULT,  SINK  AND  CESS-POOL- 

Ordmance  in  regard  to,  503. 
Forms  of  complaint,  504-505. 
PRIZE  FIGHTING- 

Criminal  statutoiy  provisions  as  to,  395. 

PROFERT- 

Unnecessary,  116. 

PUBLICATION  OF  NOTICE- 
See  non-resident,  20,  22,  98,  141. 

PROHIBITED  ADVERTISEMENTS  IN  NEWSPAPERS- 
Ordinance  in  regard  to,  505. 
Forms  of  complaint,  505. 

PUBLIC  ACCOUNTANTS- 

Criminal  statutory  provisions  as  to,  395. 


INDEX.  783 

[befekences  are  to  the  pages.] 

PUBLIC  BUILDINGS- 

Criminal  statutory  provisions  as  to,  395, 
Defacing,  455. 

PUBLIC    CARTS,    EXPRESS    WAGONS,    FURNITURE    VANS, 
TRUCKS,  DRAYS,  ETC- 
Ordinance  in  regard  to,  505. 

PUBLIC    EXHIBITIONS    OF    NOTORIOUS    AND    DEFORMED 
PERSONS- 

Criminal  statutory  provisions  as  to,  395-396. 
QUALIFICATIONS- 

Of  judges,  7. 
QUASI  CRIMINAL  CASES- 

In  general,  431-435. 

Jurisdiction  of  municipal  court  in,  1-2. 

Cases  prosecuted  by  summons,  431-433. 

Cases  prosecuted  by  warrant,  433-435. 

Forms  of  bills  of  particulars  in,  432-520. 

Forms  of  complaints  in,  434-520. 

Form  of  praecipe,  432. 

Practice  in  as  regulated  by  Municipal  Court  Act,  30,  431,  435. 

Bail  in,  30-32. 

Ordinances  of  Chicago,  436-520. 

Ordinances  of  South  Park  Commissioners,  521. 

Ordmances  of  Lincoln  Park  Commissioners,  521. 

Ordinances  of  West  Chicago  Park  Commissioners,  521. 

Ordinances  of  Sanitary  District  of  Chicago,  521. 

Costs  in,  35. 

Police  officers  to  act  'as  deputy  bailiffs,  11-12. 
RACING,  ROUTS,  RIOTS  AND  UNLAWFUL  ASSEMBLIES— 

Criminal  statutoiy  provisions  as  to,  396. 

RAILINGS  AND  FENCES- SPIKES  IN.     (See  Spikes  in  Railings 

AND  Fences.) 
RAILROADS  AND  WAREHOUSES- 

Criminal  statutoiy  provisions  as  to,  396-400. 

RAILWAYS-MISCELLANEOUS- 
Ordinanee  in  regard  to,  505. 

RANDOLPH  STREET  MARKET- 

Ordinance  in  regard  to,  505. 
RECEIVERS - 

No  clerk,  bailiff,  deputy  clerk  or  deputy  bailiff  tc  act  as,  12. 


784  INDEX. 

[references  are  to  the  pages.] 

EECEIVING  AND  RESTORING  STOLEN  PROPERTY- 

Criminal  statutory  provisions  as  to,  400. 
RECORD  ENTRIES- 

To  be  abbreviated,  38. 
RECORDERS- 

Criminal  statutoiy  provisions  as  to,  400. 

RECORDS- 

Blanks  and  books  necessary  for  keeping  of,  to  be  furnished  by- 
city,  5. 
Chief  justice  to  superintend  keeping;'  of,  38. 
To  be  kept  in  an  abbreviated  form,  38. 

REFUSE.     (See  Garbage,  Ashes  axd  Refuse.) 

REGULATIONS- 

Power  of  judges  to  make,  6. 
REJOINDERS- 

Court  may  rule  several  to  be  filed,  120. 

REMITTITUR- 

Entering  of  may  be  allowed,  139. 

REMOVAL- 

Of  deputy  clerk,  10. 
Of  deputy  bailiffs,  11. 

REPLEVIN- 

Jurisdiction  of  mmiicipal  court  in  cases  of,  1-2. 
Practice  m,  170-176. 

Provisions  as  to  cases  of  fourth  class,  29. 
REPLEVIN  ACT  REWRITTEN- 
Sec.    1.  When  brought,  172. 
Sec.    2.  When  replevin  will  not  lie,  172. 
See.    3.  Venue,  172. 
See.   4.  Affidavit,  173. 

Sec.   5.  Affidavit  on  information  and  belief,  173. 
Sec.    6.  Writ— Direction— Returnable,  173. 
See.    7.  Form  of  writ,  173. 
See.    9.  Alias  and  pluries  writ,  174. 
Sec.  10.  Replevin  bond,  174. 
Sec.  11.  Return,  174. 

Sec.  12.  Failure  to  take  or  return  bond,  174. 
See.  13.  Limitation,  174. 
Sec.  14.  Execution  of  writ,  174. 
Sec.  15.  Service,  175. 


INDEX.  785 

[references  aee  to  the  pages.] 

REPLEVIN  ACT  REWRITTEN- Continued. 
Sec.  16.  Notice  of  publication  and  mail,  175. 
Sec.  17.  Declarations,  175. 
Sec.  18.  Counts  in  trover,  175. 
Sec.  19.  Avowry,  175. 

Sec.  20.  No  pleadings  in  cases  of  fourth  class,  176. 
Sec.  21.  Amendments,  176. 
Sec.  22.  Judgment  against  plaintiff,  176. 
Sec.  23.  Judgment  for  plaintiff,  176. 
Sec.  24.  Assessment  of  damages,  176. 
Sec.  25.  Suit  on  bond,  176. 
Sec.  26.  Defenses  on  suit  on  bond,  176. 

REPLICATIONS- 

Court  may  rule  several  to  be  filed,  120. 

RESISTANCE  OF  OFFICERS- 

Criminal  statutory  provisions  as  to,  400. 
Forms  of  information,  400-401. 

REPLEVIN  cases- 
How  practice  differs  from  that  in  circuit  court,  170-171. 
Practice  in  replevin  cases  of  the  first  class,  170. 
Where  replevin  cases  of  the  fourth  class  may  be  brought,  170. 
How  practice  in  replevin  cases  of  fourth  class  diffei-s  from  that 
in  circuit  court,  171. 

1.  No  written  pleadings,  171. 

2.  Writs— How  returnable,  171. 

3.  Mode  of  trial  and  proceedings  subsequent  to  trial,  171. 

RETURN- 

Of  summons  or  writ  in  eases  of  first  class,  20. 

Of  summons  or  writ  in  cases  of  fourth  and  fifth  classes,  27. 

REVENUES- 

Criminal  statutory  provisions  as  to,  401-402. 

REVERSAL- 

When  allowed  in  cases  of  the  fourth  and  fifth  classes,  16. 
Partial— Power   of   court  with   respect   to,   139. 

REVIEW- 

Decisions  on  questions  of  practice  not  subject  to,  when,  12,  14,  15, 
23. 

RIFLE  RANGES.     (See  Shooting  Galleries,  Rifle  Ranges  and 
Gun  Clubs.) 
50 


786  INDEX. 

[references    ABE    TO    THE    PAGES.] 

RINDS  ON  SIDEWALK- CASTING- 

Ordinance  in  regard  to,  447. 
Forms  of  complaint,  447. 
ROADS  AND  BRIDGES- 

Criminal  statutory  provisions  as  to,  402-404. 

ROOFING- 

Ordinance  in  regard  to,  506. 

RULES- 

Power  of  judges  with  respect  to,  6,  31. 

Of  practice.  See  Rules  of  Practice. 
RULES  OF  PRACTICE— 

Power  of  judges  to  adopt,  12. 
RUNNERS- 

Ordinance  in  regard  to,  506. 
SAIL  BOATS-LICENSING  OF- 

Ordinance  in  regard  to,  506. 

SALARIES- 

Of  judges,  6. 

Of  clerk,  9. 

Of  deputy  clerks,  9. 

Of  bailiff,  11. 

Of  deputy  bailiffs,  11. 
SALOONS  AND  DRAM  SHOPS- 

Ordinance  in  reg'ard  to,  506. 
SALTPETER  CAVES- 

Criminal  statutoi-y  provisions  as  to,  404. 

SANITARY  DISTRICT  OF  CHICAGO- 
Ordinanees  of,  521. 

SATURATED  GROUND.    (See  Offensively  Saturated  Ground.) 

SCAVENGERS- 

Ordinance  in  regard  to,  506. 

See  also  Night  Scavengers,  490. 

SCAFFOLDS.    (See  Construction  of  Scaffolds.) 

SCHOOLS- 

Criminal  statutory  provisions  as  to,  404-405. 

SCIRE  FACIAS  TO  HEAR  ERRORS- 

Need  not  be  served  in  writs  of  error  in  cases  of  fourth  and  fifth 
classes,  16. 


INDEX.  787 

[references    ABE    TO    THE    PAGES.] 

SEALS - 

Each  district  to  have,  4. 

To  be  provided  by  city,  4. 

Bills  of  exceptions  need  not  have,  25. 

SEALED  instruments- 
How  may  be  sued  and  declared  upon,  IIG. 

SECOND  CLASS  CASES.    (See  Cases  of  Second  Class.) 

SECOND  DISTRICT- 
Boundaries  of,  3. 

SECOND-HAND  DEALERS  AND  KEEPERS  OF  JUNK  SHOPS- 
Ordinance  in  regard  to,  506. 

SECURITY  APPROVED  BY  CLERK-     . 
May  be  allowed  by  order  of  court,  133. 

SEDUCTION- 

Criminal  statutoi-y  provisions  as  to,  405-406. 
Forms  of  complaint,  406. 

SELLING  STREET  CAR  TRANSFERS- 
Ordinance  in  regard  to,  506. 

SENATE  BILL  NO.  45- 

Provisions  of,  41-42,  550-586. 
Introduced  into  Senate,  42. 

SENATE  BILL  NO.  207- 

Introduced  into  Senate,  43. 

Provisions  of  43. 
SERGEANT  OF  POLICE- 

May  take  bail  when,  31. 

SERVICE  OF  PROCESS- 

By  police  officer  in  criminal  and  quasi  criminal  cases,  12. 

In  cases  of  first  class,  20. 

In  cases  of  fourth  and  fifth  classes,  27. 

In  cases  of  second  class,  98. 

SETTING  ASIDE  DEFAULT- 

Within  what  time  allowed,  13,  123. 

SEWER  CONNECTIONS— 

Ordinance  in  regard  to,  507. 

SEWERS.     (See  Drains  and  Sewers.) 

SEWERS -OBSTRUCTING.     (See  Obstructing  Gutters,  Sewers, 
AND  Pipes.) 


788  INDEX. 

[BEFEBENCES    ABE    TO    THE    PAGES.] 

SHANTY  BOATS- 

Criminal  statutory  provisions  as  to,  406. 
SHEEP  AND   OTHER   DOMESTIC  ANIMALS- 

Criminal  statutory  provisions  as  to,  40G. 
SHERIFFS- 

Criminal  statutory  provisions  as  to,  406. 
SHOOTING  GALLERIES,  RIFLE  RANGES  AND  GUN  CLUBS— 

Ordinance  in  regard  to,  507. 
SHORTHAND  REPORTERS- 

Deputy  clerks  may  be,  9-10. 
SIDEWALKS- CONSTRUCTION  OF— 

Ordinance  in  regard  to,  507. 
SIDEWALKS -DUMPING  CLAY  ON- 

Ordinanee  in  regard  to,  507. 
SIDEWALKS-FORBIDDEN   USES   OF— 

Ordinance  in  regard  to,  507. 
SIDEWALKS -GRADE  OF- 

Ordinance  in  regard  to,  507. 
SIDEWALKS- OPENINGS  IN- 

Ordinance  in  regard  to,  507. 
SIDEWALKS  AND  SIDEPATHS- 

Criminal  statutoiy  provisions  as  to,  407. 

SIDEWALKS -SPACE  BENEATH- 
Ordinance  in  regard  to,  508. 

SIDEWALKS-STORAGE  ON- 
Ordinance  in  regard  to,  508. 

SIDEWALKS    AND    OTHER    PUBLIC    PLACES-THROWING 
GLASS  BOTTLES  AND  OTHER  ARTICLES  ON- 
Ordinanee  in  regard  to,  511. 
SIGNS- 

Ordinanee  in  reg'ard  to,  508. 

SIGNS -ILLUMINATED  ON  ELEVATED  PLATFORMS- 
Ordinance  in  regard  to,  508. 

SLAUGHTERING  AND  RENDERING- 
Ordinance  in  regard  to,  508. 

SLEEPING  ROOMS  IN  BAKERY,  PACKING-HOUSE  OR  FOOD 
STORE- 

Ordinanee  in  regard  to,  508. 


INDEX.  789 

[befeeences  aee  to  the  pages,] 

SMOKE - 

Ordinance  in  reg'ard  to,  50S. 
SOAP  FACTORIES- 

Ordinance  in  regard  to,  509. 
SOUTH  PARK  COMMISSIONERS- 

Ordinances  of,  521. 
SPECIAL  VERDICTS- 

May  be  required  by  either  party,  129. 

Refusal  to  require  is  error  when,  130. 

Will  control  inconsistent  verdict,  130. 
SPIKES  IN  RAILINGS  AND  FENCES- 

Ordinances  in  regard  to,  509. 
SPILLING  OIL  ON  ASPHALT  PAVEMENT— 

Ordinance  in  regard  to,  509. 
SPITTING  ON  SIDEWALKS,  &C.- 

Ordinance  in  regard  to,  509. 

Forms  of  complaint,  509. 
SPRINKLING  LAWNS - 

Ordinance  in  regard  to,  509-510. 
STALLS  WHERE  MEAT,  FISH  OR  VEGETABLES  ARE  SOLD- 
CLEANLINESS  OF- 

Ordinance  in  regard  to,  510. 

Forms  of  complaint,  510. 
STATE  BOARD  OF  HEALTH- 

Criminal  statutoiy  provisions  as  to,  407. 
STATE  CONTRACTS- 

Criminal  statutory  provisions  as  to,  408. 
STATE  ENTOMOLOGIST- 

Criminal  statutory  provisions  as  to,  408. 
STATE  FOOD  COMMISSIONER- 

Criminal  statutory  provisions  as  to,  408-409. 

STATEMENT- 

Of  facts  and  questions  of  law  to  be  signed  by  judge  when,  16. 
STATE  MILITIA- 

Criminal  statutory  provisions  as  to,  409. 
STATE'S  ATTORNEY- 

Criminal  cases  in  municipal  court  to  be  conducted  by  or  under 
supervision  of,  18. 

Unable  to  act— How  criminal  cases  prosecuted  when,  IS. 

Criminal  cases  may  be  prosecuted  by  information  of,  19. 


790  INDEX. 

[references  are  to  the  pages.] 

STATIONARY  ENGINEERS- 

Ordinance  in  regard  to,  510. 
STATIONERY- 

To  be  furnished  by  city  of  Chicago  for  municipal  court,  5. 
STATUTES- 

Of  other  states  to  be  taken  judicial  notice  of  by  municipal  court,  32. 

Of  territories  to  be  taken  judicial  notice  of  by  municipal  court,  32. 
STAY  OF  EXECUTION- 

How  obtained  in  case  of  fourth  or  fifth  class,  15. 
STEAM  BOILERS  AND  STEAM  PLANTS- 

Ordinance  in  regard  to,  510. 
STEAM  PLANTS.     (See  Boilers  and  Steaji  Plants.) 
STEAM  RAILWAYS - 

Ordinance  in  regard  to,  510. 
STEAM  WHISTLES- 

Ordinance  in  regard  to,  510. 
STENOGRAPHIC  REPORT- 

Of  trial  to  be  signed  by  judge  when,  16. 
STEPS.     (See  Porches  and  Steps.) 

STREET  CAR  TRANSFERS.      (See  Selling  Street  Car  Trans- 
fers. ) 
STREETS  AND  ALLEYS  AND  PLACES  UNDER  SIDEWALKS- 
USE  OF  BY  PRIVATE  PERSONS- 

Ordinance  in  regard  to,  511. 
STREET  CARS-SPEED  OF  NEAR  SCHOOL  HOUSES- 

Ordinance  in  regard  to,  511. 
STREETS-MISCELLANEOUS  PROVISIONS- 

Ordinance  in  regard  to,  511. 
STREET  RAILWAYS- 

Criminal  statutory  provisions  as  to,  409-410. 
STREET  RAILWAYS- 

Ordinance  in  regai'd  to,  511. 

STREETS-REMOVING  SOD  OR  EARTH  FROM- 

Ordinance  in  regard  to,  511. 
SUBPOENA- 

Clerk  to  issue,  114. 

Clerk  may  be  fined  for  refusal  to  issue,  114. 
SUBSTANTIAL  ERRORS- 

Judgments  of  municipal  court  to  be  reversed  only  for,  16. 


INDEX.  791 

[refesences  are  to  the  pages.] 

SUMMONS- 

When  returnable  in  ease  of  first  class,  20. 

When  returnable  in  case  of  second  class,  98. 

How  served  in  case  of  first  class,  20. 

When  returnable  in  ease  of  fourth  or  fifth  class,  27. 

How  served  in  case  of  fourth  or  fifth  class,  27. 

Quasi  criminal  cases  to  be  prosecuted  by  wJien,  30. 

SUNDAY- 

Criminal  statutoiy  pro\dsions  as  to,  410. 
Forms  of  complaint,  410. 

SUPERIOR  COURT  OF  COOK  COUNTY- 

Jurisdiction  of  municipal  court  in  cases  transferred  from,  1-2. 
May  transfer  cases  to  municipal  court  when,  17. 

SUPERSEDEAS- 

Application  for  in  cases  of  the  fourth  and  fifth  classes,  15. 
Denial  of  to  amount  to  affirmance  of  judgment  when,  15. 
Bond  vmnecessai-y  when,  15. 
Writ  of  error  not  to  operate  as  when,  138. 

SUPPLIES- 

For  municipal  court  to  be  furnished  by  city  of  Chicago,  5. 

SURVEYORS  AND  SURVEYS- 

Criminal  statutoiy  provisions  as  to,  410. 

SWINE- 

Ordinance  in  regard  to,  448. 

TANNERIES- 

Ordinance  in  regard  to,  512. 

TELEGRAPH  AND  TELEPHONE  COMPANIES— 
Criminal  statutory  provisions  as  to,  411. 

TENEMENT  AND  LODGING  HOUSES- 
Ordinance  in  regard  to,  512. 

TERMS  OF  COURT- 

There  shall  be  none  in  municipal  court,  13. 

TERMS  OF  OFFICE- 
Of  judges,  7,  8,  39. 
Of  clerk,  9. 
Of  bailiff,  10. 

TERRITORIES- 

Laws  of,  taken  judicial  notice  of  by  municipal  court,  32.. 


792  INDEX. 

[REFEBENCES    ABE    TO    THE    PAGES.] 

THEATER  HATS- 

Ordinauce  in  regard  to,  512. 

Forms  of  complaint,  512. 
THINGS  DETRIMENTAL  TO  HEALTH- 

Ordinance  in  regard  to,  512. 
THIRD  CLASS  CASES.     (See  Cases  of  Third  Class.) 
THIRD  DISTRICT- 

Boundaries  of,  3,  • 

THROWING  GLASS  BOTTLES  ON  SIDEWALKS.     (See  Streets 

AND  Other  Public  Places— Throwing  Glass  Bottles  on.) 
THROWING  MISSILES- 

Ordinance  in  regard  to,  512. 
TICKERS- 

Ordinanee  in  regard  to,  512. 
TIMBER- 

Criminal  statutory'  provisions  as  to,  412. 
TIME  TO  PLEAD- 

In  ease  of  first  class,  21. 

May  be  extended,  21. 
TIRES  OF  VEHICLES- 

Ordinance  in  regard  to,  512. 

TOBACCO- 

Criminal  statutory  provisions  as  to,  412. 

Forms  of  complaint,  412. 

Sale  of  to  minors,  489. 
TOLL  BRIDGES— 

Criminal  statutory  provisions  as  to,  412. 

TOLL  ROADS- 

Criminal  statutory  i^rovisions  as  to,  413. 
TOWNSHIP  ORGANIZATION— 

Criminal  statutory  provisions  as  to,  413. 
TRADE  MARKS  AND  LABELS - 

Criminal  statutory  provisions  as  to,  413-414. 

TRANSCRIPT- 

Of  record  to  be  written  out  in  full  when,  38. 

Of  judgment  to  be  filed  in  recorder's  office,  when,  38,  39. 

When  to  be  filed  in  Supreme  Court  or  Appellate  Court  in  appeals 

and  writs  of  error  in  eases  of  first,  second  and  third  classes,  237. 
Of  judgment  to  be  certified  to  Supreme  Court  or  Appellate  Court 

in  writ  of  error  in  case  of  fourth  or  fifth  class,  17. 


INDEX.  793 

[references  are  to  the  pages.] 

TRANSFER  OF  CASES- 

From  Circuit,  Superior  and  Criminal  Courts  of  Cook  county,  17. 

TREES,  SHRUBS  AND  GRASS  PLATS- 
Ordinance  in  regard  to,  513. 

TRESPASS- 

Criminal  statutory  provisions  as  to,  414. 

Forms  of  information,  414. 

Distinction  between  and  case  abolished,  117. 

TROVER— 

Jurisdiction  of  municipal  court  in  actions  of,  1-2. 

TRUCKS.     (See  Public  Carts,  Express  Wagoxs,  Furniture  Vans, 
Trucks,  Drays,  &c.) 

TRUSTS,  POOLS  AND  COMBINATIONS- 
Criminal  statutory  provisions  as  to,  414-415. 

TUNNELS- 

Ordinance  in  regard  to,  513. 
Forms  of  complaint,  513. 

TUNNELS -SAFETY  OF  PERSONS  WORKING  IN- 
Ordinance  in  regard  to,  513-514. 

UNDERTAKERS - 

Ordinance  in  regard  to,  514. 

UNHEALTHFUL  BUSINESS- 
Ordinance  in  regard  to,  514. 

UNITED  STATES- 

Criminal  statutory  provisions  as  to,  415. 

UNLAWFUL  USE  OF  PREMISES- 
Ordinance  in  regard  to,  514. 

UNWHOLESOME      AND      ADULTERATED      FOOD,      DRUGS, 
WATER,  &C.- 

Ordinance  in  regard  to,  514. 
Forms  of  complaint,  514-515. 

UNWHOLESOME  VEGETABLES- 
Ordinance  in  regard  to,  515. 
Forms  of  complaint,  515. 

VACANCIES- 

In  office  of  chief  justice  or  associate  judge  filled  by  election,  7. 
Of  chief  justice  filled  by  appointment,  when,  7. 


794  INDEX. 

[references  are  to  the  pages.] 

VACATIONS - 

Of  judges,  duration  of,  6. 

To  be  taken  at  such  time  as  may  be  determined  by  chief  justice,  G. 
VACCINATION- 

Ordinance  in  regard  to,  515. 
VAGABONDS- 

Criminal  statutory  provisions  as  to,  415. 

Forms  of  information,  416-417. 

Ordinance  in  regard  to,  515. 

Forms  of  comi3laint  under  ordinance,  515-517. 
VAGABONDS  AND  VAGRANTS- 

Ordinance  in  regard  to,  515. 

Forms  of  complaint,  515-517. 
VAGRANTS.     (See  Vagabonds  axd  Vagrants.) 
VEGETABLES.     (See  Fruits^  Berries  and  Vegetables.) 
VEHICLES- 

Ordinance  in  regard  to,  517. 

Lights  on,  482. 
VEHICLE  SIGN- 

Ordinance  in  regard  to,  517. 

Forms  of  complamt,  517-518. 
VENIRES- 

For  jurors  to  be  directed  and  served  by  sheriff  of  Cook  county,  18. 

Expense  of  serving  to  be  paid  by  countj',  18. 
VERDICT- 

May  be  pronounced  in  open  court,  129. 

May  be  entered  by  clerk  in  form,  129. 

Not  to  be  set  aside  for  defective  count,  129.  ' 

Special  may  be  demanded,  129. 

Refusal  to  require  is  error  when,  130. 

Special  will  control  general,  130. 
VESSELS.     (See  Harbor,  Harbor  Master,  Bridges,  Wharves  and 

Vessels.  ) 
WALLS  OF  RAILWAYS -INCLOSING.     (See  Inclosing  Walls  or 

Fences  op  Railways.) 
WARRANT- 

When  to  be  issued  in  quasi  criminal  cases,  30. 

Where  to  be  served  in  quasi  criminal  cases,  30. 
WATER— 

Ordinance  in  regard  to,  518. 


INDEX.  795 

[eeferences  aee  to  the  pages.] 

WATER  FROM  ROOFS- 

Ordinanee  in  regard  to,  518. 
WEAPONS-CONCEALED- 

Ordinance  in  regard  to,  518. 
WEAPONS-DEADLY- 

Ordinanee  in  regard  to,  518. 
WEIGHERS- 

Ordinanee  in  regard  to,  518. 
WEIGHTS  AND  MEASURES- 

Ordinance  in  regard  to,  518. 

Criminal  statutory  provisions  as  to,  417. 
WEST  CHICAGO  PARK  COMMISSIONERS- 

Ordinances  of,  521. 
WHARVES.     (See  Harbor^  Harbor  Master,  Bridges,  Wharves  and 

Vessels.) 
WHOLESALE  MALT  LIQUOR  DEALERS- 

Ordinanee  in  regard  to,  519. 
WHOLESALE  SPIRITOUS  LIQUOR  DEALERS- 

Ordinanee  in  regard  to,  519. 
WHOLESALE  VINOUS  LIQUOR  DEALERS- 

Ordinance  in  regard  to,  519. 
WILD  ANIMALS.    (See  Exhibiting  Wild  Animals.) 
WINDOW-SILLS.    (See  Objects  on  Window-Sills.); 
WITNESSES- 

Criminal  statutory  provisions  as  to,  417-418. 

WORK  SHOPS- 

Ordin'ance  in  regard  to,  519. 

Forms  of  complaint,  519-520. 
WRITS  OF  ERROR.    (See  Error- Writs  of.), 


